january 27, 2014 vol table of contents register...
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VOL
VOL. 30 ISS. 11 PUBLISHED EVERY OTHER WEEK BY THE VIRGINIA CODE COMMISSION JANUARY 27, 2014
Virginia Code Commission http://register.dls.virginia.gov
THE VIRGINIA REGISTER OF REGULATIONS (USPS 001-831) is published biweekly by Matthew Bender & Company, Inc.,
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POSTMASTER: Send address changes to The Virginia Register of Regulations, 136 Carlin Road, Conklin, NY 13748-1531.
TABLE OF CONTENTS
Register Information Page ......................................................................................................................................... 1411
Publication Schedule and Deadlines ....................................................................................................................... 1412
Petitions for Rulemaking ............................................................................................................................................ 1413
Notices of Intended Regulatory Action ................................................................................................................. 1414
Regulations ....................................................................................................................................................................... 1415
3VAC5-50. Retail Operations (Final) .................................................................................................................................... 1415
4VAC5-15. Nutrient Management Training and Certification Regulations (Fast-Track) ...................................................... 1416
4VAC50-85. Nutrient Management Training and Certification Regulations (Final) ............................................................. 1427
9VAC5-85. Permits for Stationary Sources of Pollutants Subject to Regulation (Rev. H-12) (Fast-Track) .......................... 1440
9VAC25-31. Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation (Final) .................................. 1451
9VAC25-151. General Virginia Pollutant Discharge Elimination System (VPDES) Permit for Discharges of
Storm Water Associated with Industrial Activity (Final) ................................................................................................... 1467
9VAC25-190. Virginia Pollutant Discharge Elimination System (VPDES) General Permit Regulation for
Nonmetallic Mineral Mining (Final) .................................................................................................................................. 1551
9VAC25-870. Virginia Stormwater Management Program (VSMP) Regulation (Final) ...................................................... 1571
12VAC5-610. Sewage Handling and Disposal Regulations (Emergency) ............................................................................ 1576
18VAC130-30. Appraisal Management Company Regulations (Proposed) .......................................................................... 1585
18VAC135-50. Fair Housing Regulations (Final) ................................................................................................................. 1593
22VAC27-10. Public Participation Guidelines (Final) .......................................................................................................... 1599
24VAC5-20. Regulations Governing the Licensing and Operation of Airports and Aircraft and Obstructions to
Airspace in the Commonwealth of Virginia (Forms) ......................................................................................................... 1599
24VAC22-30. Motor Vehicle Dealer Advertising Practices and Enforcement Regulations (Proposed) ............................... 1600
Governor............................................................................................................................................................................ 1605
General Notices/Errata ................................................................................................................................................ 1611
VIRGINIA REGISTER INFORMATION PAGE
Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014
1411
REGISTER INFORMATION PAGE
THE VIRGINIA REGISTER OF REGULATIONS is an official state
publication issued every other week throughout the year. Indexes are
published quarterly, and are cumulative for the year. The Virginia
Register has several functions. The new and amended sections of
regulations, both as proposed and as finally adopted, are required by law
to be published in the Virginia Register. In addition, the Virginia
Register is a source of other information about state government,
including petitions for rulemaking, emergency regulations, executive
orders issued by the Governor, and notices of public hearings on
regulations.
ADOPTION, AMENDMENT, AND REPEAL OF REGULATIONS
An agency wishing to adopt, amend, or repeal regulations must first
publish in the Virginia Register a notice of intended regulatory action; a
basis, purpose, substance and issues statement; an economic impact
analysis prepared by the Department of Planning and Budget; the
agency’s response to the economic impact analysis; a summary; a notice
giving the public an opportunity to comment on the proposal; and the
text of the proposed regulation.
Following publication of the proposal in the Virginia Register, the
promulgating agency receives public comments for a minimum of 60
days. The Governor reviews the proposed regulation to determine if it is
necessary to protect the public health, safety and welfare, and if it is
clearly written and easily understandable. If the Governor chooses to
comment on the proposed regulation, his comments must be transmitted
to the agency and the Registrar no later than 15 days following the
completion of the 60-day public comment period. The Governor’s
comments, if any, will be published in the Virginia Register. Not less
than 15 days following the completion of the 60-day public comment
period, the agency may adopt the proposed regulation.
The Joint Commission on Administrative Rules (JCAR) or the
appropriate standing committee of each house of the General Assembly
may meet during the promulgation or final adoption process and file an
objection with the Registrar and the promulgating agency. The objection
will be published in the Virginia Register. Within 21 days after receipt
by the agency of a legislative objection, the agency shall file a response
with the Registrar, the objecting legislative body, and the Governor.
When final action is taken, the agency again publishes the text of the
regulation as adopted, highlighting all changes made to the proposed
regulation and explaining any substantial changes made since
publication of the proposal. A 30-day final adoption period begins upon
final publication in the Virginia Register.
The Governor may review the final regulation during this time and, if he
objects, forward his objection to the Registrar and the agency. In
addition to or in lieu of filing a formal objection, the Governor may
suspend the effective date of a portion or all of a regulation until the end
of the next regular General Assembly session by issuing a directive
signed by a majority of the members of the appropriate legislative body
and the Governor. The Governor’s objection or suspension of the
regulation, or both, will be published in the Virginia Register. If the
Governor finds that changes made to the proposed regulation have
substantial impact, he may require the agency to provide an additional
30-day public comment period on the changes. Notice of the additional
public comment period required by the Governor will be published in the
Virginia Register.
The agency shall suspend the regulatory process for 30 days when it
receives requests from 25 or more individuals to solicit additional public
comment, unless the agency determines that the changes have minor or
inconsequential impact.
A regulation becomes effective at the conclusion of the 30-day final
adoption period, or at any other later date specified by the promulgating
agency, unless (i) a legislative objection has been filed, in which event
the regulation, unless withdrawn, becomes effective on the date
specified, which shall be after the expiration of the 21-day objection
period; (ii) the Governor exercises his authority to require the agency to
provide for additional public comment, in which event the regulation,
unless withdrawn, becomes effective on the date specified, which shall
be after the expiration of the period for which the Governor has provided
for additional public comment; (iii) the Governor and the General
Assembly exercise their authority to suspend the effective date of a
regulation until the end of the next regular legislative session; or (iv) the
agency suspends the regulatory process, in which event the regulation,
unless withdrawn, becomes effective on the date specified, which shall
be after the expiration of the 30-day public comment period and no
earlier than 15 days from publication of the readopted action.
A regulatory action may be withdrawn by the promulgating agency at
any time before the regulation becomes final.
FAST-TRACK RULEMAKING PROCESS
Section 2.2-4012.1 of the Code of Virginia provides an exemption from
certain provisions of the Administrative Process Act for agency
regulations deemed by the Governor to be noncontroversial. To use this
process, Governor's concurrence is required and advance notice must be
provided to certain legislative committees. Fast-track regulations will
become effective on the date noted in the regulatory action if no
objections to using the process are filed in accordance with § 2.2-4012.1.
EMERGENCY REGULATIONS
Pursuant to § 2.2-4011 of the Code of Virginia, an agency, upon
consultation with the Attorney General, and at the discretion of the
Governor, may adopt emergency regulations that are necessitated by an
emergency situation. An agency may also adopt an emergency
regulation when Virginia statutory law or the appropriation act or federal
law or federal regulation requires that a regulation be effective in 280
days or less from its enactment. The emergency regulation becomes
operative upon its adoption and filing with the Registrar of Regulations,
unless a later date is specified. Emergency regulations are limited to no
more than 18 months in duration; however, may be extended for six
months under certain circumstances as provided for in § 2.2-4011 D.
Emergency regulations are published as soon as possible in the Register.
During the time the emergency status is in effect, the agency may
proceed with the adoption of permanent regulations through the usual
procedures. To begin promulgating the replacement regulation, the
agency must (i) file the Notice of Intended Regulatory Action with the
Registrar within 60 days of the effective date of the emergency
regulation and (ii) file the proposed regulation with the Registrar within
180 days of the effective date of the emergency regulation. If the agency
chooses not to adopt the regulations, the emergency status ends when the
prescribed time limit expires.
STATEMENT
The foregoing constitutes a generalized statement of the procedures to be
followed. For specific statutory language, it is suggested that Article 2
(§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia be
examined carefully.
CITATION TO THE VIRGINIA REGISTER
The Virginia Register is cited by volume, issue, page number, and date.
29:5 VA.R. 1075-1192 November 5, 2012, refers to Volume 29, Issue
5, pages 1075 through 1192 of the Virginia Register issued on
November 5, 2012.
The Virginia Register of Regulations is published pursuant to Article 6
(§ 2.2-4031 et seq.) of Chapter 40 of Title 2.2 of the Code of Virginia.
Members of the Virginia Code Commission: John S. Edwards,
Chairman; Gregory D. Habeeb; James M. LeMunyon; Ryan T.
McDougle; Robert L. Calhoun; E.M. Miller, Jr.; Thomas M.
Moncure, Jr.; Wesley G. Russell, Jr.; Charles S. Sharp; Robert L.
Tavenner; Christopher R. Nolen; J. Jasen Eige.
Staff of the Virginia Register: Jane D. Chaffin, Registrar of Regulations;
Karen Perrine, Assistant Registrar; Anne Bloomsburg, Regulations Analyst; Rhonda Dyer, Publications Assistant; Terri Edwards, Operations
Staff Assistant.
PUBLICATION SCHEDULE AND DEADLINES This schedule is available on the Register's Internet home page (http://register.dls.virginia.gov).
Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014
1412
PUBLICATION SCHEDULE AND DEADLINES
January 2014 through March 2015
Volume: Issue Material Submitted By Noon* Will Be Published On
30:11 January 8, 2014 January 27, 2014
30:12 January 22, 2014 February 10, 2014
30:13 February 5, 2014 February 24, 2014
30:14 February 19, 2014 March 10, 2014
30:15 March 5, 2014 March 24, 2014
30:16 March 19, 2014 April 7, 2014
30:17 April 2, 2014 April 21, 2014
30:18 April 16, 2014 May 5, 2014
30:19 April 30, 2014 May 19, 2014
30:20 May 14, 2014 June 2, 2014
30:21 May 28, 2014 June 16, 2014
30:22 June 11, 2014 June 30, 2014
30:23 June 25, 2014 July 14, 2014
30:24 July 9, 2014 July 28, 2014
30:25 July 23, 2014 August 11, 2014
30:26 August 6, 2014 August 25, 2014
31:1 August 20, 2014 September 8, 2014
31:2 September 3, 2014 September 22, 2014
31:3 September 17, 2014 October 6, 2014
31:4 October 1, 2014 October 20, 2014
31:5 October 15, 2014 November 3, 2014
31:6 October 29, 2014 November 17, 2014
31:7 November 12, 2014 December 1, 2014
31:8 November 25, 2014 (Tuesday) December 15, 2014
31:9 December 10, 2014 December 29, 2014
31:10 December 23, 2014 (Tuesday) January 12, 2015
31:11 January 7, 2015 January 26, 2015
31:12 January 21, 2015 February 9, 2015
31:13 February 4, 2015 February 23, 2015
31:14 February 18, 2015 March 9, 2015
*Filing deadlines are Wednesdays unless otherwise specified.
PETITIONS FOR RULEMAKING
Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014
1413
PETITIONS FOR RULEMAKING
TITLE 4. CONSERVATION AND NATURAL RESOURCES
DEPARTMENT OF MINES, MINERALS AND ENERGY
Initial Agency Notice
Title of Regulation: 4VAC25-150. Virginia Gas and Oil
Regulation.
Statutory Authority: §§ 45.1-161.3 and 45.1-361.27 of the
Code of Virginia.
Name of Petitioner: Virginia Oil and Gas Association.
Nature of Petitioner's Request: The membership of the
Virginia Oil and Gas Association (Association) petitions the
Department of Mines, Minerals and Energy (DMME) to
amend the Virginia Gas and Oil Regulation to add a
requirement that all companies are required to participate in
Frac Focus. Frac Focus is a website developed by the
Groundwater Protection Council. This will ensure that all
chemicals used for fracing by Virginia's natural gas and oil
industries will be fully disclosed and available to the public.
The Association believes DMME has the authority under
4VAC25-150 to open the regulation for this limited purpose
and this purpose only. Therefore, the Association petitions
this new regulation under § 2.2-4007 of the Code of Virginia.
This initiative is intended to alleviate public concern that they
are not aware of chemicals utilized in the fracing process.
Even though this industry has been safely utilizing the fracing
process for over 50 years, the Association wants to be totally
transparent.
Agency Plan for Disposition of Request: DMME will
thoroughly review this petition and determine the appropriate
action to take, including the possibility of absorbing this
petition in the agency's already published Notice of Intended
Regulatory Action for the Virginia Gas and Oil Regulation
(4VAC25-150).
Public Comment Deadline: February 26, 2014.
Agency Contact: Michael Skiffington, Program Support
Manager, Department of Mines, Minerals and Energy, 1100
Bank Street, 8th Floor, Richmond, VA 23219, telephone
(804) 692-3212, or email
VA.R. Doc. No. R14-06; Filed December 26, 2013, 8:47 a.m.
NOTICES OF INTENDED REGULATORY ACTION
Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014
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NOTICES OF INTENDED REGULATORY ACTION
TITLE 12. HEALTH
STATE BOARD OF HEALTH
Notice of Intended Regulatory Action
Notice is hereby given in accordance with § 2.2-4007.01 of
the Code of Virginia that the State Board of Health intends to
consider amending 12VAC5-610, Sewage Handling and
Disposal Regulations. Chapter 202 of the 2013 Acts of
Assembly requires the board to promulgate regulations for
chamber and bundled expanded polystyrene effluent
distribution systems. The board may promulgate regulations
for other distribution technologies. The Sewage Handling and
Disposal Regulations contain construction, design, and
installation requirements for gravel and pipe effluent
absorption trench, low pressure distribution, elevated sand
mound, and sand-on-sand systems. The amendments will
establish construction, design, and installation requirements
for gravelless material and drip dispersal systems.
The agency does not intend to hold a public hearing on the
proposed action after publication in the Virginia Register.
Statutory Authority: §§ 32.1-12 and 32.1-164 of the Code of
Virginia.
Public Comment Deadline: February 26, 2014.
Agency Contact: Allen Knapp, Director, Office of
Environmental Health Services, Department of Health, 109
Governor Street, Richmond, VA 23219, telephone (804) 864-
7458, FAX (804) 864-7475, or email
VA.R. Doc. No. R14-3665; Filed January 2, 2014, 3:45 p.m.
REGULATIONS For information concerning the different types of regulations, see the Information Page.
Symbol Key Roman type indicates existing text of regulations. Underscored language indicates proposed new text.
Language that has been stricken indicates proposed text for deletion. Brackets are used in final regulations to indicate changes from the proposed regulation.
Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014
1415
REGULATIONS
TITLE 3. ALCOHOLIC BEVERAGES
ALCOHOLIC BEVERAGE CONTROL BOARD
Final Regulation
Title of Regulation: 3VAC5-50. Retail Operations
(amending 3VAC5-50-60).
Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of
Virginia.
Effective Date: February 26, 2014.
Agency Contact: W. Curtis Coleburn III, Chief Operating
Officer, Department of Alcoholic Beverage Control, 2901
Hermitage Road, Richmond, VA 23220, telephone (804) 213-
4409, FAX (804) 213-4411, TTY (804) 213-4687, or email
Summary:
This regulatory action amends the general procedures for
mixed beverage restaurants by (i) prescribing the labeling,
container size, and recordkeeping requirements for
infusing, storing, and selling flavored distilled spirits and
(ii) requiring compliance with all applicable state and
federal food safety requirements.
Summary of Public Comments and Agency's Response: A
summary of comments made by the public and the agency's
response may be obtained from the promulgating agency or
viewed at the office of the Registrar of Regulations.
3VAC5-50-60. Procedures for mixed beverage licensees
generally; mixed beverage restaurant licensees; sales of
spirits in closed containers.
A. No mixed beverage restaurant or carrier licensee shall:
1. Prepare, other than frozen drinks, or sell any mixed
beverage except pursuant to a patron's order and
immediately preceding delivery to him.
2. Serve as one drink the entire contents of a container of
spirits in its original container for on-premises
consumption except as provided by subsections C, D, and
E of this section.
3. Sell any mixed beverage to which alcohol has been
added.
B. No mixed beverage restaurant licensee shall:
1. Allow to be kept upon the licensed premises any
container of alcoholic beverages of a type authorized to be
purchased under his license that does not bear the required
mixed beverage stamp imprinted with his license number
and purchase report number.
2. Use in the preparation of a mixed beverage any
alcoholic beverage not purchased from the board or a
wholesale wine licensee.
3. Fail to obliterate the mixed beverage stamp immediately
when any container of spirits is emptied.
4. Allow any patron to possess more than two drinks of
mixed beverages at any one time.
C. If a restaurant for which a mixed beverage restaurant
license has been issued under § 4.1-210 of the Code of
Virginia is located on the premises of a hotel or motel,
whether the hotel or motel be under the same or different
ownership, sales of mixed beverages, including sales of
spirits packaged in original closed containers purchased from
the board, as well as other alcoholic beverages, for
consumption in bedrooms and private rooms of such hotel or
motel, may be made by the licensee subject to the following
conditions in addition to other applicable laws:
1. Spirits sold by the drink as mixed beverages or in
original closed containers must have been purchased under
the mixed beverage restaurant license upon purchase forms
provided by the board;
2. Delivery of sales of mixed beverages and spirits in
original closed containers shall be made only in the
bedroom of the registered guest or to the sponsoring group
in the private room of a scheduled function. This section
shall not be construed to prohibit a licensee catering a
scheduled private function from delivering mixed beverage
drinks to guests in attendance at such function;
3. Receipts from the sale of mixed beverages and spirits
sold in original closed containers, as well as other alcoholic
beverages, shall be included in the gross receipts from
sales of all such merchandise made by the licensee; and
4. Complete and accurate records of sales of mixed
beverages and sales of spirits in original closed containers
to registered guests in bedrooms and to sponsors of
scheduled private functions in private rooms shall be kept
separate and apart from records of all mixed beverage
sales.
D. Carrier licensees may serve miniatures not in excess of
two fluid ounces or 50 milliliters, in their original containers,
for on-premises consumption.
E. A mixed beverage restaurant may serve as one drink the
entire contents of a container of soju in its original container
for on-premises consumption under the following conditions:
1. The container may be no larger than 375 milliliters.
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Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014
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2. Each container of soju served must be served for
consumption by at least two patrons legally eligible to
consume alcoholic beverages.
F. A mixed beverage restaurant licensee may infuse, store,
and sell flavored distilled spirits under the following
circumstances:
1. If infused in the original spirits container, the mixed
beverage stamp must remain affixed to the bottle.
2. If infused in a container other than the original spirits
container, the substitute container, which shall not exceed
two liters in volume, will be labeled with the following
information:
a. Date of infusion;
b. Brand of spirits; and
c. Amount of spirits used.
3. Accurate records must be kept by the mixed beverage
licensee as to the spirits used in any spirits infusion
process.
4. Licensees infusing distilled spirits shall comply with all
applicable state and federal food safety regulations.
VA.R. Doc. No. R12-2426; Filed January 2, 2014, 3:12 p.m.
––––––––––––––––––
TITLE 4. CONSERVATION AND NATURAL RESOURCES
VIRGINIA SOIL AND WATER CONSERVATION BOARD
Fast-Track Regulation
EDITOR'S NOTE: Effective July 1, 2013, the authority for
administration of the nutrient management certification
program and responsibility for adopting regulations on
nitrogen application rates was transferred from the
Department of Conservation and Recreation to the Virginia
Soil and Water Conservation Board pursuant to Chapters 593
and 658 of the 2013 Acts of Assembly.
Title of Regulation: 4VAC5-15. Nutrient Management
Training and Certification Regulations (amending
4VAC5-15-10, 4VAC5-15-150).
Statutory Authority: § 10.1-104.2:1 of the Code of Virginia.
Public Hearing Information: No public hearings are
scheduled.
Public Comment Deadline: February 26, 2014.
Effective Date: March 13, 2014.
Agency Contact: David C. Dowling, Policy and Planning
Director, Department of Conservation and Recreation, 600
East Main Street, 24th Floor, Richmond, VA 23219,
telephone (804) 786-2291, FAX (804) 786-6141, or email
Basis: Section 10.1-104.2:1 of the Code of Virginia requires
the Virginia Soil and Water Conservation Board to adopt
regulations that amend the application rates in the Virginia
Nutrient Management Standards and Criteria (standards and
criteria) by incorporating into such regulations or the
documents incorporated by reference the recommended
application rates for nitrogen in lawn fertilizer and lawn
maintenance fertilizer and the recommended application rates
for "slow or controlled release fertilizer" and "enhanced
efficiency lawn fertilizer," as such terms are defined and
adopted or proposed for adoption by the Association of
American Plant Food Control Officials (AAPFCO), as
described in the Virginia Department of Agriculture and
Consumer Services' December 2011 "Report on the Use of
Slowly Available Nitrogen in Lawn Fertilizer and Lawn
Maintenance Fertilizer."
Purpose: Enactment clause 3 of Chapter 341 of the 2011 Acts
of Assembly stated "[t]hat the Department of Agriculture and
Consumer Services shall provide, no later than December 15,
2011, a report to the House Committee on Agriculture,
Chesapeake and Natural Resources and the Senate Committee
on Agriculture, Conservation and Natural Resources
concerning the use of slowly available nitrogen in lawn
fertilizer and lawn maintenance fertilizer. The report shall (i)
conduct an assessment of the most effective means to
encourage the use of slowly available nitrogen in lawn
fertilizer and lawn maintenance fertilizer, (ii) determine the
most appropriate percentages of slowly available nitrogen to
be included in lawn fertilizer and lawn maintenance fertilizer,
(iii) recommend the most appropriate effective date for any
change, (iv) calculate the costs to the manufacturer and
consumer, and (v) provide a review of any other issues related
to the use of slowly available nitrogen in lawn fertilizer and
lawn maintenance fertilizer. The Department shall consult
with the Department of Conservation and Recreation and the
Chesapeake Bay Commission and, at the Department's
discretion, may convene a technical advisory committee of
stakeholders concerning the development and content of the
report."
In response to this legislative mandate, the Department of
Agriculture and Consumer Services (VDACS) convened a
technical advisory committee (TAC), which included, among
others, the Department of Conservation and Recreation
(DCR) and the Chesapeake Bay Commission. The TAC met
three times during the summer of 2011 and VDACS issued a
report to the General Assembly in December of 2011. The
report on the use of slowly available nitrogen in lawn
fertilizer and lawn maintenance fertilizer contained the
following:
The recommended application rates for nitrogen in lawn
fertilizer and lawn maintenance fertilizer are as follows:
No more than 0.7 pounds per 1,000 square feet of readily
available nitrogen, as defined by AAPFCO, during any
given 30-day period.
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No more than 0.9 pounds per 1,000 square feet of total
nitrogen on cool season grasses during any given 30-day
period.
No more than 1.0 pound per 1,000 square feet of total
nitrogen on warm season grasses during any given 30-
day period.
The recommended application rates for "Slow or
Controlled Release Fertilizer," and for "Enhanced
Efficiency" lawn maintenance fertilizer, as defined and
adopted or proposed for adoption by AAPFCO, are as
follows:
No more than 2.5 pounds of nitrogen per 1,000 square
feet per application, with a release rate of no more than
0.7 pounds of nitrogen per 1,000 square feet per 30 days.
The total annual application rate shall not exceed 80% of
the nitrogen rates recommended for cool or warm season
grasses in the Virginia Nutrient Management Standards
and Criteria.
Finally, the TAC recommends that the target effective date
for the implementation of the recommended application
rates and amendments to the Code of Virginia be July 1,
2014.
Legislation passed by the 2012 General Assembly and signed
by the Governor amended § 10.1-104.2:1 of the Code of
Virginia to require that DCR incorporate the report's
recommended applications rates in the standards and criteria
documents incorporated by reference in 4VAC5-15 and
utilize a fast-track regulatory process to adopt the change by
July 1, 2014.
Modifications being made to the Nutrient Management
Training and Certification Regulations and the Nutrient
Management Standards and Criteria will protect the health,
welfare, and safety of the citizens of the Commonwealth by
improving water quality through the amendment of
application rates for nitrogen in lawn fertilizers.
Rationale for Using Fast-Track Process: The proposed
changes to the standards and criteria amend only one of the
nine sections of the Nutrient Management Standards and
Criteria. The changes made to the standards and criteria are
expected to be noncontroversial, and the changes incorporate
the recommendations made by the 2011 TAC convened by
VDACS and mandated for incorporation by state law through
a fast-track regulatory action in accordance with § 10.1-
104.2:1 of the Code of Virginia.
Membership on the 2011 TAC, established by VDACS,
included representatives from: (i) DCR; (ii) the Chesapeake
Bay Commission; (iii) the Chesapeake Bay Foundation; (iv)
Agrium Advanced Technologies; (v) Responsible Industry for
a Sound Environment (RISE); (vi) Scotts Miracle-Gro; (vii)
Southern States; (viii) University of Florida; (ix) Virginia
Agribusiness Council; (x) Virginia Cooperative Extension;
(xi) Virginia Crop Production Association; (xii) Virginia
Farm Bureau; (xiii) Virginia Green Lawn Care; (xiv) Virginia
Nursery and Landscape Association; (xv) Virginia
Association of Soil and Water Conservation Districts; (xvi)
Virginia Tech Crop and Soil Environmental Sciences; and
(xvii) the Virginia Turfgrass Council. The TAC concluded its
meetings in September 2011, and after that time, the
Chesapeake Bay Commission, in conjunction with industry
representatives, initiated further discussions that led to the
recommendations contained in the report published in
December 2011. Consequently, it is the agency's
understanding that the recommendations have been shared
with members of the TAC and with members of the General
Assembly and that the changes proposed by DCR in this
regulatory action address those recommendations.
This fast-track regulatory action amends the date references
in 4VAC5-15-10 and 4VAC5-10-150 for the Virginia
Nutrient Management Standards and Criteria document from
October 2005 to July 2014, and amends the standards and
criteria document, which is a document incorporated by
reference in the regulation. The proposed amendments to the
standards and criteria document only affect Section VI,
"Turfgrass Nutrient Recommendations for Home Lawns,
Office Parks, Public Lands and Other Similar
Residential/Commercial Grounds." The amendments to this
section incorporate the recommended fertilizer application
rates contained in the December 2011 report and pertinent
definitions from the Association of American Plant Food
Control Officials.
Substance: The amendments to 4VAC5-15-15 (Definitions)
and 4VAC5-15-150 (Required nutrient management plan
procedures) change the reference to the current standards and
criteria document that is incorporated by reference from
October 2005 to July 2014. Section VI (Turfgrass Nutrient
Recommendations for Home Lawns, Office Parks, Public
Lands and Other Similar Residential/Commercial Grounds) is
one of nine sections within the standards and criteria. Only
changes to Section VI are being made, and no other sections
within that document are being amended by this regulatory
action. The amendments to Section VI address the
recommendations contained in the 2011 report from the
Virginia Department of Agriculture and Consumer Services
in response to the legislative mandate contained in § 10.1-
104.2:1 of the Code of Virginia.
The proposed amendments conform the standards and criteria
to the requirements of § 10.1-104.2:1 of the Code of Virginia
and the recommendations contained in the VDACS 2011
report, and they also ensure consistency with the labeling
standards for slowly available nitrogen that are contained in
§ 3.2-3607 G of the Code of Virginia. The department
recommends an effective date for the amended standards and
criteria of July 1, 2014. This effective date is also consistent
with § 3.2-3607 G of the Code of Virginia.
Issues: The amendments comport with the Code of Virginia
to address a legislative mandate to incorporate into regulation
the following: (i) recommended application rates for nitrogen
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Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014
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in lawn fertilizer and lawn maintenance fertilizer and (ii)
recommended application rates for "slow or controlled release
fertilizer" and "enhanced efficiency lawn fertilizer." There are
no known disadvantages to the public or to the
Commonwealth.
The amendments have been advanced in order to improve
water quality in state waters across the Commonwealth
through nutrient reductions. When the enacting legislation
was introduced in 2012, the agency estimated that the change
in recommended application rates could amount to as much as
164,000 pounds of nitrogen reductions if applied to all
pervious developed areas (approximately1.2 million acres).
Controls on fertilizer use and the resulting nitrogen reductions
advanced through this regulatory action may result in fewer
post-construction controls required of the homebuilding
industry and will advance the economic gains associated with
recreational and commercial use of Virginia's aquatic
resources.
Department of Planning and Budget's Economic Impact
Analysis:
Summary of the Proposed Amendments to Regulation.
Pursuant to Chapter 796 of the 2012 Acts of Assembly, the
Department of Conservation and Recreation (DCR) proposes
to incorporate in its regulations new, and lower than current,
recommended fertilizer application rates for nitrogen for new
and existing lawns.
Result of Analysis. The benefits likely exceed the costs for all
proposed changes.
Estimated Economic Impact. Pursuant to Chapter 796 of the
2012 Acts of Assembly, the proposed changes will
incorporate in the regulations new, and lower than current,
recommended fertilizer application rates for new and existing
lawns. Chapter 341 of the 2011 Virginia Acts of Assembly
directed the Virginia Department of Agriculture and
Consumer Services (VDACS), in consultation with DCR and
the Chesapeake Bay Commission, to prepare a report
concerning, among other things, the recommended fertilizer
application rates for lawns. In response, VDACS assembled a
technical advisory committee that recommended the
application rates below.
For lawn fertilizer and lawn maintenance fertilizer:
No more than 0.7 pounds per 1,000 square feet of readily
available nitrogen, as defined by AAPFCO, during any
given 30 day period.
No more than 0.9 pounds per 1,000 square feet of total
nitrogen on cool season grasses during any given 30 day
period.
No more than 1.0 pound per 1,000 square feet of total
nitrogen on warm season grasses during any given 30
day period.
For "Slow or Controlled Release Fertilizer," and for
"Enhanced Efficiency" lawn maintenance fertilizer:
No more than 2.5 pounds of nitrogen per 1,000 square
feet per application, with a release rate of no more than
0.7 pounds of nitrogen per 1,000 square feet per 30 days.
The total annual application rate shall not exceed 80% of
the nitrogen rates recommended for cool or warm season
grasses in the Virginia Nutrient Management Standards
and Criteria.
Following the technical advisory committee's
recommendations, Chapter 796 of the 2012 Acts of Assembly
directed DCR to adopt these recommended fertilizer
application rates in its regulations. In response, DCR updated
its 2014 version of the document titled "Virginia Nutrient
Management Standards and Criteria" to reflect these
recommendations, and now proposes to make the same
update to fertilizer application rates in its regulations pursuant
to the new 2014 version.
The proposed recommended application rates are
approximately 30% lower than the current rates. DCR
estimated in 2012 that the change in the recommended
application rates could amount to as much as 164,000 pounds
of nitrogen reductions over 1.2 million acres of the area they
are applied to. While this estimate continues to be the most
current data available, there appears to be significant
uncertainty associated with it. These rates are
recommendations; they are not and will not be enforced.
Their implementation will be accomplished primarily through
education and training efforts directed to homeowners, golf
courses, lawn maintenance businesses, etc. An accurate
estimate would require compliance with the current rates, as
well as the proposed rates, both of which are not known.
Nonetheless, a general reduction in the quantity of fertilizers
applied to lawns would have certain effects on property
owners with lawns, manufacturers, DCR, and the
environment.
Property owners with lawns could be private individuals,
small or large for-profit corporations, non-profit
organizations, or local, state or even federal government
entities. However, DCR does not have an accurate inventory
of entities that may be affected by these proposed application
rates. If property owners reduce their fertilizer application
rates, they would purchase less and realize some monetary
savings. At the present time, home lawn fertilizer costs
approximately $1 per pound. At this price, a 164,000 pounds
reduction in fertilizer consumption would produce $164,000
in savings to property owners. In addition, nitrogen
reductions in the Commonwealth's water bodies may result in
fewer post-construction controls to reduce runoffs. These
controls are known as best management practices and may
include but are not limited to rainwater harvesting, vegetated
roofs, bioretention, filtering practices, extended detention
ponds, etc.
A non-negligible decrease in the quantity of fertilizers applied
would also reduce the revenues of manufacturers. However,
manufacturers are unlikely to experience any other significant
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1419
compliance costs because the statute explicitly prohibits a ban
on the sale of fertilizers whose labels are inconsistent with the
new proposed rates at the time the proposed regulations go
into effect. The proposed rates and their effective dates are
already publicly available and manufacturers are likely to be
in compliance by the time they become effective in July 2014.
The effects of the new application rates on DCR are not
expected to be significant. The main effect on DCR is likely
to be in terms of the need to provide training to educate
affected entities about the changes in the recommended rates.
However, the proposed regulations do not have any
provisions requiring additional training. DCR estimates that
changing the curriculum of the existing training would be
sufficient enough to address the education aspect of the
proposed rate changes. Thus, the administrative costs for
DCR are expected to be minimal.
A significant reduction in the quantity of fertilizers applied to
lawns would have certain positive environmental impacts.
When properly applied, nutrients in fertilizers help plants
grow and look beautiful. Thus, they are extensively used by
property owners to maintain their landscape. However, lawn
fertilizers sometimes run off into surface streams and other
water bodies especially if they land on sidewalks, driveways,
or gutters. Once they reach water bodies, they fuel growth of
algae which, upon decomposition, reduces oxygen levels in
the water and harms fish and other organisms. Nutrients in
fertilizers may also leach into groundwater and contaminate
it. The amount of runoff and leaching are affected by many
factors including the slope of the area, the characteristics of
the soil, vegetation, and the amount and timing of rainfall or
watering. Finally, excess fertilizer application can injure the
very landscape plants they are intended to help. In short,
while proper application of fertilizers helps maintain
landscape beauty and quality, misapplication can pollute
lakes, rivers, bays, and even groundwater.
As the quality of water improves, the beneficial uses of water
also improve. Thus, improved freshwater, marine, and
estuarine quality certainly has an economic value. The value
may stem from the improved commercial and recreational use
of water resources such as fishing and duck hunting;
improved primary and secondary contact recreational uses
such as swimming and boating; improved tourism activity
such as an increase in the number of visitors from other
states; improved aquatic and wild life support such as
providing a suitable habitat for certain species; improved
water quality for potable and non-potable uses such as
drinking and agricultural irrigation; a reduced need for
cleaning efforts such as reductions in TMDL implementation
costs for the Chesapeake Bay; etc.
Businesses and Entities Affected. These regulations apply to
the property owners with lawns which could be private
individuals, small or large for-profit corporations, non-profit
organizations, or local, state or even federal government
entities. Improved water quality could benefit all members of
the public.
Localities Particularly Affected. While recommended
application rates are uniform across the Commonwealth,
reduced fertilizer runoff would benefit downstream localities
more than it would upstream localities.
Projected Impact on Employment. The recommended
reduction in the fertilizer application rates may reduce
demand for labor by manufacturers as less of it may be
produced in the Commonwealth. On the other hand,
improvements in water quality would likely add to the
demand for labor due to increased uses stimulating economic
activity.
Effects on the Use and Value of Private Property. Applying
the proper quantity of fertilizer is expected to benefit lawns as
well as the quality of water bodies. A positive effect on the
use and value of private properties in proximity of the
improved lawns and improved water bodies may be expected.
Small Businesses: Costs and Other Effects. Most of the
manufacturers of lawn fertilizers are believed to be large
businesses. Thus, no significant cost on small businesses is
expected. However, increased uses of water resources may
benefit small businesses in proximity to these resources.
Small Businesses: Alternative Method that Minimizes
Adverse Impact. The new recommended lawn fertilizer rates
are not expected to have an adverse impact on small
businesses.
Real Estate Development Costs. Nitrogen reductions in the
Commonwealth's water bodies may lead to fewer post-
construction controls known as best management practices
and may reduce real estate development costs.
Legal Mandate. The Department of Planning and Budget
(DPB) has analyzed the economic impact of this proposed
regulation in accordance with § 2.2-4007.04 of the
Administrative Process Act and Executive Order Number 14
(10). Section 2.2-4007.04 requires that such economic impact
analyses include, but need not be limited to, a determination
of the public benefit, the projected number of businesses or
other entities to whom the regulation would apply, the
identity of any localities and types of businesses or other
entities particularly affected, the projected number of persons
and employment positions to be affected, the projected costs
to affected businesses or entities to implement or comply with
the regulation, and the impact on the use and value of private
property. Further, if the proposed regulation has an adverse
effect on small businesses, § 2.2-4007.04 requires that such
economic impact analyses include (i) an identification and
estimate of the number of small businesses subject to the
regulation; (ii) the projected reporting, recordkeeping, and
other administrative costs required for small businesses to
comply with the regulation, including the type of professional
skills necessary for preparing required reports and other
documents; (iii) a statement of the probable effect of the
regulation on affected small businesses; and (iv) a description
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of any less intrusive or less costly alternative methods of
achieving the purpose of the regulation. The analysis
presented above represents DPB's best estimate of these
economic impacts.
Agency Response to Economic Impact Analysis: The agency
concurs with the economic impact analysis prepared by the
Department of Planning and Budget.
Summary:
The amendment incorporates by reference the July 2014
revision of the Department of Conservation and
Recreation's Virginia Nutrient Management Standards and
Criteria (standards). The 2014 update to the standards
incorporate recommended fertilizer application rates for
nitrogen for new and existing lawns.
4VAC5-15-10. Definitions.
The words and terms used in this chapter shall have the
following meanings unless the context clearly indicates
otherwise.
"Application rate" or "nutrient rate" means the quantity of
major nutrients, nitrogen as N, phosphorus as P2O5, and
potassium as K2O on a per acre basis to supply crop or plant
nutrient needs, and to achieve realistic expected crop yields.
"Banding" or "sideband" means the placement of fertilizer
approximately two inches to the side and two inches below
the seed.
"Best management practice" means a conservation or
pollution control practice that manages soil, nutrient losses, or
other potential pollutant sources to minimize pollution of
water resources, such as split applications of nitrogen, or use
of cereal grain cover crops to trap available nitrogen and
reduce soil erosion.
"Biosolids" means a sewage sludge that has received an
established treatment for required pathogen control and is
treated or managed to reduce vector attraction to a
satisfactory level and contains acceptable levels of pollutants,
such that it is acceptable for use for land application,
marketing, or distribution in accordance with 12VAC5-585,
Biosolids Use Regulations of the Board of Health.
"Broadcast" means the uniform application of a material
over a field.
"Calibration" means the systematic determination of the
operational parameters, such as speed and quantity delivered,
of application equipment.
"Cereal crop" or "small grain" means barley, rye, triticale, or
wheat.
"Certified nutrient management planner" or "nutrient
management planner" or "planner" means a person who holds
a current Virginia nutrient management certificate of
competence.
"Cool season grass" means grass species of temperate zone
origin which exhibit the greatest rates of dry matter
production in the day/night temperature range of 60°/50°F to
80°/70°F. Examples of cool season grasses include fescue,
bluegrass, and ryegrass.
"Commonwealth" means the Commonwealth of Virginia.
"Composted organic nutrient source" means the relatively
stable, humus-like product resulting from the controlled
aerobic, thermophilic biological decomposition of organic
material that bears little physical resemblance to the raw
materials from which it originated.
"Cover crop" means a crop including, but not limited to,
cereal grains, which is planted following the harvest of the
preceding crop for the purpose of:
1. Seasonal protection of soil, or
2. Assimilation of residual soil nitrogen left from a
previous crop or from continued mineralization of
nitrogen.
"Crop" means cultivated plants or agricultural produce such
as grain, silage, forages, oilseeds, vegetables, fruit, nursery
stock, or turfgrass.
"Cropland" means land used for the production of grain,
oilseeds, silage, industrial crops, and any other category of
crop not defined as specialty crop, hay, or pasture.
"Crop nutrient needs" means the primary nutrient
requirements of a crop determined as pounds per acre or
pounds per 1,000 square feet of nitrogen as N, phosphorus as
P2O5, and potassium as K2O required to support crop growth
for production of an expected crop yield based upon soil
analysis results as specified in Virginia Nutrient Management
Standards and Criteria, revised October 2005 July 2014, or
Virginia Commercial Vegetable Production
Recommendations for 2005.
"Crop nutrient removal" means the amount of nutrients per
acre expected to be taken up by a plant and removed from the
site in the harvested portion at the expected yield level,
generally expressed as tons per acre or bushels per acre, at
rates specified in Virginia Nutrient Management Standards
and Criteria, revised October 2005 July 2014.
"Crop rotation" means one complete sequence of one or
more crops grown in succession that may assist in minimizing
disease, insects and weeds. For permanent hay, pasture, or a
single crop planted continuously, the crop rotation is defined
as the life of the nutrient management plan.
"Department" means the Department of Conservation and
Recreation.
"Double crop" means the production and harvesting of two
crops in succession within a consecutive 12-month growing
season.
"Dry manure" or "semisolid manure" means manure
containing less than 85.5% moisture.
"Environmentally sensitive site" means any field which is
particularly susceptible to nutrient loss to groundwater or
surface water since it contains or drains to areas which
contain sinkholes, or where at least 33% of the area in a
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specific field contains one or any combination of the
following features:
1. Soils with high potential for leaching based on soil
texture or excessive drainage;
2. Shallow soils less than 41 inches deep likely to be
located over fractured or limestone bedrock;
3. Subsurface tile drains;
4. Soils with high potential for subsurface lateral flow
based on soil texture and poor drainage;
5. Floodplains as identified by soils prone to frequent
flooding in county soil surveys; or
6. Lands with slopes greater than 15%.
"Expected crop yield" means a realistic crop yield for a
given farm field determined by using yield records or soil
productivity information.
"Fertilizer" means any organic or inorganic material of
natural or synthetic origin that is added to a soil to supply
certain nutrients essential to plant growth.
"Field" means a unit of contiguous nonwooded land
generally used for crop production that is separated by
permanent boundaries, such as fences, permanent waterways,
woodlands, croplines not subject to change because of
farming practices, and other similar features or as determined
by the United States Department of Agriculture Farm Service
Agency.
"Field identification number" means a number used by a
farmer (or the United States Department of Agriculture Farm
Service Agency) to distinguish or identify the location of a
field on a farm.
"Grid soil sampling" means a process whereby farm fields or
other areas are subdivided into smaller areas or squares for
the purpose of obtaining more detailed soil analysis results.
"Groundwater" means any water beneath the land surface in
a water saturated layer of soil or rock.
"Hay" means a grass, legume, or other plants, such as clover
or alfalfa, which is cut and dried for feed, bedding, or mulch.
"Hydrologic soil group" means a classification of soils into
one of four groups, A, B, C, or D, according to their
hydrologic properties, ranging from low runoff potential
(high infiltration potential) in group A to high runoff potential
(low infiltration potential) in group D.
"Incorporation" means the process whereby materials are
mixed into soils and not exposed on the soil surface, such as
would be achieved by disking one time to a depth of six
inches.
"Industrial waste" means liquid or other waste resulting
from any process of industry, manufacture, trade or business,
or from the development of any natural resources.
"Irrigation" means the application of water to land to assist
in crop growth.
"Irrigation scheduling" means the time and amount of
irrigation water to be applied to an area for optimum crop
growth and to minimize leaching and runoff.
"Leaching" means the movement of soluble material, such
as nitrate, in solution through the soil profile by means of
percolation.
"Legume" means a plant capable of fixing nitrogen from the
atmosphere such as peas, soybeans, peanuts, clovers, and
alfalfas.
"Legume nitrogen credit" means the amount of nitrogen a
legume is expected to supply to a succeeding crop.
"Liming" means the application of materials containing the
carbonates, oxides, or hydroxides of calcium or magnesium in
a condition and in a quantity suitable for neutralizing soil
acidity.
"Liquid manure" means manure containing at least 85.5%
moisture or which can be applied through subsurface
injection or surface application with liquid application
equipment.
"Livestock" means domesticated animals such as cattle,
chickens, turkeys, hogs, and horses raised for home use or for
profit.
"Manure" or "animal waste" means animal fecal and urinary
excretions and waste by products which may include spilled
feed, bedding litter, soil, lactase, process wastewater, and
runoff water from animal confinement areas.
"Mehlich I" means the North Carolina Double-Acid soil
analysis procedure to determine extractable levels of certain
nutrients in soils as described in Methods of Soil Analysis,
Part 3, Chemical Methods, 1996.
"Mehlich III" or "Mehlich 3" means a modified version of
the Mehlich I method used to determine extractable levels of
certain nutrients in soils as described in Methods of Soil
Analysis, Part 3, Chemical Methods, 1996 and in Reference
Soil and Media Diagnostic Procedures for the Southern
Region of the United States, Southern Cooperative Series
Bulletin No. 374.
"Micronutrient" means a nutrient necessary only in
extremely small amounts for plant growth.
"Mineralization" means the process when plant unavailable
organic forms of nutrients are converted to a plant available
inorganic state as a result of soil microbial decomposition.
"No-till" means the soil is left undisturbed from the time of
harvest or the killing of the preceding crop or cover crop until
and including the time of planting of the current crop except
for strips up to 1/3 of the row width that are disturbed by
coulters or disk openers during the planting operation.
"NRCS" means the United States Department of
Agriculture, Natural Resource Conservation Service, formerly
the Soil Conservation Service (SCS).
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"Nutrient" means an element or compound essential as raw
materials for plant growth and development such as carbon,
nitrogen, and phosphorus.
"Nutrient content" means the percentage of any primary
nutrients such as nitrogen as N, phosphorus as P2O5, and
potassium as K2O contained in any type or source of plant
nutrients.
"Nutrient management plan" or "plan" means a plan
prepared by a Virginia certified nutrient management planner
to manage the amount, placement, timing, and application of
manure, fertilizer, biosolids, or other materials containing
plant nutrients in order to reduce nutrient loss to the
environment and to produce crops.
"Nutrient Management Training and Certification Fund"
means the fund established by § 10.1-104.2 of the Code of
Virginia to support the department's Nutrient Management
Training and Certification Program.
"Organic nutrient source" or "organic source" means
manure, biosolids, sludge, industrial waste, green manure,
compost, or other plant or animal residues which contain
plant nutrients.
"Organic residuals" means nutrients released over time from
manure, biosolids, industrial wastes, legumes, or other
organic sources of nutrients.
"Pasture" means land which supports the grazing of animals
for forages.
"Person" means an individual, corporation, partnership,
association, a governmental body and its subordinate units, a
municipal corporation or any other legal entity.
"Phosphorus index" means the Virginia Phosphorus Index
Version 2.0 Technical Guide, revised October 2005.
"Phosphorus saturation level" means the ratio of phosphorus
to aluminum plus iron (P/(Al+Fe)) in a soil using the Acid
Ammonium Oxalate in Darkness method described in
Methods of Soil Analysis, Part 3, Chemical Methods, 1996
(pp. 649-650) or estimated with another extraction procedure
correlated to the Acid Ammonium Oxalate in Darkness
method and approved by the department.
"Plant available nutrients" means the portion of nutrients
contained in nutrient sources which is expected to be
available for potential use by plants during the growing
season or the crop rotation.
"Pre-sidedress nitrate test" or "PSNT" means a procedure
used to determine soil nitrate-nitrogen levels at a specific time
during a corn crop growing season.
"Primary nutrients" means nitrogen as N, phosphorus as
P2O5, and potassium as K2O.
"Residual nutrients" means the level of nitrogen,
phosphorus, and potassium remaining or available in the soil
from previously applied nutrient sources, or unharvested
plants or plant parts, or naturally occurring nutrient levels in
the soil.
"Runoff" means that part of precipitation, snow melt, or
irrigation water that runs off the land into streams or other
surface water which can carry pollutants from the land.
"RUSLE2" means the USDA—NRCS Revised Universal
Soil Loss Equation Version 2 software package.
"Secondary nutrient" means calcium, magnesium, or sulfur.
"Sewage sludge" or "sludge" means any solid, semisolid, or
liquid residues which contain materials removed from
municipal or domestic wastewater during treatment including
primary and secondary residues. Other residuals or solid
wastes consisting of materials collected and removed by
sewage treatment, septage, and portable toilet wastes are also
included in this definition. Liquid sludge contains less than
15% dry residue by weight or can be applied through
subsurface injection or surface application with liquid
application equipment. Dewatered sludge contains 15% or
more dry residue by weight.
"Shall" means a mandatory requirement.
"Should" means a recommendation.
"Slope" means the degree of deviation of a surface from
horizontal, measured as a percentage, as a numerical ratio, or
in degrees.
"Sidedress" means the placement of fertilizer beside or
between the rows of a crop after crop emergence.
"Sinkhole" means a depression in the earth's surface caused
by dissolving of underlying limestone, salt, or gypsum having
drainage patterns through underground channels.
"Slowly available nitrogen" means nitrogen sources that
have delayed plant availability involving compounds which
dissolve slowly, materials that must be microbially
decomposed, or soluble compounds coated with substances
highly impermeable to water such as polymer coated
products, methylene urea, isobutylidene diurea (IBDU), urea
formaldehyde based (UF), sulfur coated urea, and natural
organics.
"Soil erosion" or "erosion" or "soil loss" means the wearing
away of the land surface by water, wind, or waves.
"Soil management group" means a grouping of soils based
on their similarity in profile characteristics which affect crop
production and require specific soil and crop management
practices.
"Soil pH level" means the negative logarithm of the
hydrogen-ion activity of a soil which measures the relative
acidity or alkalinity of the soil. The pH level affects the
availability and plant utilization of nutrients.
"Soil productivity group" means a grouping of soils based
upon expected yield levels for a given crop type.
"Soil series" means a classification of a specific soil type by
name based on the morphological, chemical and physical
properties of the soil.
"Soil survey" means a published or electronically available
document developed by a governmental entity using the
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standards and protocols of the National Cooperative Soil
Survey that includes detailed descriptions and classifications
of soils, mapping of various soil series, and the interpretation
of soils according to their adaptability for various crops and
trees.
"Specialty crop" means vegetables, tree crops, perennial
vine crops, ornamentals, horticultural crops, and other similar
crops.
"Split application" means utilizing a sequence of two or
more nutrient applications, separated by approximately three
weeks or more, to a single crop in order to improve nutrient
uptake efficiency.
"Surface water" means all water whose surface is exposed to
the atmosphere.
"Tilled" means soil is disturbed between the time of harvest
of the preceding crop through the time of planting of the
current crop in that greater than 1/3 of the row width is
disturbed by tillage implements such as moldboard plows,
chisel plows, subsoilers, disks, field cultivators, roto-tillers,
coulters or disk openers.
"Tillering" is means the formation of lateral shoots from the
auxillary axillary buds of small grains and grasses.
"Tissue test" means an analysis of crop tissue for the
percentage of nitrogen at key growth stages, and used as an
intensive nutrient management technique with small grain
crops.
"Topdress" means broadcast applications of fertilizer on
crops such as small grains or forage after crop emergence has
occurred.
"Trap crop" means a timely planted cereal crop for the
purposes of capturing residual soil nitrogen and nitrogen that
is released during the decomposition of manure or biosolids
in order to manage limited manure or sewage sludge storage
availability.
"Turfgrass" means selected grass species planted or sodded
and managed for such uses as home lawns, golf courses,
office parks and rights-of-way.
"Volatilization" means a process by which nitrogen is lost to
the atmosphere as ammonia gas.
"Warm season grass" means a grass species of tropical
origin that exhibits the highest rate of dry matter production
in the day/night temperature range of 90°/79°F at a minimum
to a maximum of 97°/88°F. Examples of warm season grasses
include zoysia and bermuda grasses.
"Water insoluble nitrogen" or "WIN" means the amount of a
type of slowly available nitrogen listed on fertilizer bags and
reported as a percentage.
"Watershed" means a drainage area or basin in which all
land and water areas drain or flow toward a central collector
such as a stream, river, or lake at a lower elevation.
"Watershed code" means the letter and number used by the
department to identify a watershed or hydrologic unit area.
"Zadoks' growth stage" means the numerical scale ranging
from 0-93 which assigns values to small grain growth stages,
e.g. Growth Stage 30 is just prior to the stem elongation
phase in wheat growth.
4VAC5-15-150. Required nutrient management plan
procedures.
A. Nutrient application.
1. A certified nutrient management planner shall include,
in each plan, nutrient application practices for each field in
the plan. The nutrient application rates shall be calculated
for nitrogen (N), phosphate (P2O5), and potash (K2O).
Individual field recommendations shall be made after
considering nutrients contained in fertilizers, manure,
biosolids, industrial wastes, legumes in the crop rotation,
crop residues, residual nutrients, and all other sources of
nutrients. Individual fields may be grouped together if
similar soil productivity levels, soil fertility levels, and
environmentally sensitive site features exist.
2. Nutrient application rates.
a. Determination of crop nutrient needs shall be
consistent with tables and procedures contained in
Virginia Nutrient Management Standards and Criteria,
revised October 2005 July 2014 and the Commercial
Vegetable Production Recommendations, 2005 (Virginia
Cooperative Extension Publication 456-420), and shall
be based on soil test results for P2O5 and K2O.
b. Nitrogen applications rates in nutrient management
plans shall not exceed crop nutrient needs in subdivision
2 a of this subsection.
c. Phosphorus application rates shall be managed to
minimize adverse water quality impacts consistent with
subdivisions 2 c (1) through (5) of this subsection.
(1) Phosphorus applications from inorganic nutrient
sources shall not exceed crop nutrient needs over the
crop rotation based on a soil test.
(2) Phosphorus applications shall not be included in
nutrient management plans developed after December
31, 2005, for soils exceeding 65% phosphorus saturation
levels as listed in Virginia Nutrient Management
Standards and Criteria, revised October 2005 July 2014,
regardless of the outcome of other procedures specified
in this subsection except as allowed in subdivision 2 c (4)
of this subsection.
(3) Whenever possible, phosphorus applications from
organic nutrient sources should not exceed crop needs
based on a soil test over the duration of the crop rotation.
If this is not possible, maximum phosphorus application
rates and phosphorus control practices contained in
nutrient management plans shall be consistent with the
phosphorus management provisions contained in
Virginia Nutrient Management Standards and Criteria,
revised October 2005 July 2014 except as allowed in
subdivision 2 c (4) of this subsection.
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(4) Fields controlled by existing operations that receive
phosphorus applications only from on-farm or on-site
generated liquid dairy manure, liquid swine manure, or
liquid sewage sludge shall be limited to a maximum of
crop removal amounts of applied phosphorus until
December 31, 2010, if the field exceeds 65% phosphorus
saturation levels or has a phosphorus index rating that
exceeds 100. New operations that begin production after
December 31, 2005, or operations that expand after
December 31, 2005, by increasing the total phosphorus
generated in liquid dairy manure, liquid swine manure or
liquid sewage sludge by more than 10% shall not be
considered existing operations.
(5) A single phosphorus application may be
recommended to address multiple crops in the crop
rotation identified within the timeframe covered by the
nutrient management plan consistent with 4VAC5-15-
150 D 1 if the single application does not exceed the sum
of the appropriate application rates for individual crops
as determined by subdivisions 2 c (1) through (3) of this
subsection.
d. Recommended application rates for secondary
nutrients and micronutrients should be at agronomically
or economically justifiable levels for expected crop
production. Potassium applications sufficient to meet
crop nutrient needs shall be included in nutrient
management plans for all fields consistent with
recommendations contained in Virginia Nutrient
Management Standards and Criteria, revised October
2005 July 2014.
e. Expected crop yield shall be determined from any of
the following methods on a given field:
(1) Soil productivity group expected crop yields based on
and consistent with soil productivity information
contained in Virginia Nutrient Management Standards
and Criteria, revised October 2005 July 2014;
(2) The farmer's past experience with crop yields in
specific fields may be used to make reasonable
adjustments to expected crop yields in subdivision 2 e (1)
of this subsection in lieu of verifiable yield records
provided the upward adjustments impact no more than
20% of the acreage of any crop on a particular farm; or
(3) Verifiable past crop yields are utilized to determined
expected crop yield. The calculation of expected crop
yield shall be an average of the three highest yielding
years taken from the last five years the particular crop
was grown in the specific field.
f. Representative soil analysis results for fields shall be
determined by using standard soil sampling and analysis
methods according to Methods of Soil Analysis, Part 3,
Chemical Methods, 1996 utilizing the Mehlich I
extraction procedure for phosphorus or other methods
and laboratories approved by the department and
correlated to Mehlich I and utilizing correlation
procedures contained in Virginia Nutrient Management
Standards and Criteria, revised October 2005 July 2014.
Soil analysis results shall be dated no more than three
years prior to the beginning date of the nutrient
management plan. A single composite soil sample should
represent an area up to approximately 20 acres. Fields
such as those common to strip cropping may be
combined when soils, previous cropping history, and soil
fertility are similar. Representative soil sample cores
shall be obtained from the soil surface to a depth of four
inches (0-4") for fields that have not been tilled within
the past three years, and from the soil surface to a depth
of six inches (0-6") for fields which are tilled or have
been tilled within the past three years. Soil sampling of
fields based on subfield grids or management zones may
be utilized.
g. For existing operations, the most recent organic
nutrient source analysis results or an average of past
nutrient analysis results for the specific operation within
the last three-year period shall be used to determine the
nutrient content of organic nutrient sources. Manure
analyses shall include percent moisture, total nitrogen or
total Kjeldahl nitrogen, ammonium nitrogen, total
phosphorus, and total potassium determined using
laboratory methods consistent with Recommended
Methods of Manure Analysis, publication A3769,
University of Wisconsin, 2003 or other methods
approved by the department. For plans on new animal
waste facilities, average analyses published in Virginia
Nutrient Management Standards and Criteria, revised
October 2005 July 2014, should be utilized unless
proposed manure storage and treatment conditions
warrant the use of alternative data. Plant available
nutrient content shall be determined using the
mineralization rates and availability coefficients found in
Virginia Nutrient Management Standards and Criteria,
revised October 2005 July 2014, for different forms and
sources of organic nutrients. Mineralization of organic
nutrients from previous applications shall be accounted
for in the plan.
h. The expected nitrogen contributions from legumes
shall be credited when determining nutrient application
rates at levels listed in Virginia Nutrient Management
Standards and Criteria, revised October 2005 July 2014.
3. Soil pH influences nutrient availability and crop nutrient
utilization and should be adjusted to the level suited for the
crop. Nutrient management plans shall contain lime
recommendations to adjust soil pH to a level within the
appropriate agronomic range for the existing crop or
crop(s) to be grown. Recommendations shall address lime
application if soil pH is below the optimal range. Nutrient
management planners shall not recommend the application
of lime, lime-amended materials, or nutrient sources that
are expected to raise the soil pH to a level that exceeds the
appropriate agronomic range for the growing crop or
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crop(s) to be grown based on recommendations contained
in Virginia Nutrient Management Standards and Criteria,
revised October 2005 July 2014.
4. Nutrient application timing.
a. Timing recommendations for nutrient sources
containing nitrogen shall be as close to plant nutrient
uptake periods as reasonably possible. A certified
nutrient management planner shall utilize procedures
contained in Virginia Nutrient Management Standards
and Criteria, revised October 2005 July 2014, to
determine the timing of nutrient applications. To reduce
the potential for nutrient leaching or runoff, a certified
nutrient management planner shall recommend
applications of nitrogen-containing materials only to sites
where an actively growing crop is in place at the time of
application or where a timely planted crop will be
established within 30 days of the planned nutrient
application, except as specified in subdivisions 4 b
through e of this subsection. If such nutrient applications
are made to fall-seeded crops such as small grain, the
crop planted shall be capable of germination and
significant growth before the onset of winter so the crop
is able to take up the available applied nitrogen.
b. Organic nutrient source applications may be applied at
differing times than specified in subdivision 4 a of this
subsection in order to manage storage constraints in
accordance with the following conditions:
(1) Applications of organic nutrient sources shall be
within 60 days of planting a spring seeded crop to sites
that are not environmentally sensitive sites as identified
in 4VAC5-15-10 or the Virginia Nutrient Management
Standards and Criteria, revised October 2005 July 2014,
except as specified in subdivision 4 b (2) of this
subsection. Such nutrient applications shall not exceed
allowable application rates of the spring seeded crop;
(2) Applications shall be within 90 days of planting a
spring seeded crop to sites that meet all of the following
requirements:
(a) Are not environmentally sensitive sites as identified
in 4VAC5-15-10 or the Virginia Nutrient Management
Standards and Criteria, revised October 2005 July 2014;
(b) Have slopes of less than 7.0% throughout the
application area unless: (i) at least 60% uniformly
distributed crop residue cover exists following
application or (ii) the application and any associated
tillage is in conformance with an existing and
implemented soil conservation plan meeting NRCS
requirements for the site; and
(c) The organic sources being applied are one of the
following: semi-solid beef manure, semi-solid dairy
manure with sawdust bedding or straw bedding,
dewatered anaerobically digested sewage sludge, or
dewatered lime stabilized sewage sludge. Such nutrient
applications shall not exceed allowable application rates
of the spring planted crop;
(3) Applications of organic nutrient sources may occur
prior to the times specified in subdivisions 4 b (1) and (2)
of this subsection on:
(a) Sites that are not environmentally sensitive sites if all
of the following requirements are met: (i) a trap crop
exists that has reached a Zadoks growth stage of 23 or
greater having a uniform stand throughout the site area of
at least 20 plants per square foot; (ii) the trap crop shall
be allowed to continue growing on the entire site until
within two weeks of the spring crop planting date; (iii) all
such nitrogen applications of organic nutrient sources to
trap crops shall not exceed the crop nutrient needs of the
upcoming spring planted crop subtracting at least 30
pounds per acre of nitrogen to be reserved for use as a
banded starter fertilizer at the time of spring planting;
and (iv) the rate of organic nutrient source applied does
not smother the crop.
(b) Environmentally sensitive sites as identified in
4VAC5-15-10 or the Virginia Nutrient Management
Standards and Criteria, revised October 2005 July 2014,
in addition to those criteria outlined in subdivision 4 b (3)
(a) of this subsection, such applications to a trap crop
must be within 60 days of planting a spring planted crop.
c. The nutrient timing requirements of subdivisions 4 a
and b of this subsection for application of sewage sludge
to nonenvironmentally sensitive sites in nutrient
management plans shall not be effective until January 1,
2009. The delayed implementation time is provided to
allow for the development of adequate winter storage
capacity, landfilling, or alternative uses. All applications
of sewage sludge to environmentally sensitive sites in
nutrient management plans will fully comply with the
requirements of subdivisions 4 a and b of this subsection
by January 11, 2006.
d. Composted organic nutrient sources having a final
carbon to nitrogen ratio of 20:1 or greater are exempt
from requirements of subdivisions 4 a and b of this
subsection if analyzed for carbon to nitrogen ratio at the
conclusion of the composting process and results are
obtained prior to land application. The planner shall
recommend soil nitrate testing to determine nitrogen
application rates during the growing season following the
application of composted organic nutrient sources.
e. The nutrient management planner shall recommend
split application of inorganic nitrogen fertilizers as starter
or broadcast and sidedressing or top dressing in row
crops and small grains consistent with procedures
contained in Virginia Nutrient Management Standards
and Criteria, revised October 2005 July 2014, on
environmentally sensitive sites as identified in 4VAC5-
15-10. Split applications of inorganic nitrogen fertilizers
and irrigation scheduling shall be recommended for crops
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1426
to receive irrigation. The use of a pre-sidedress nitrogen
test (PSNT) can help to determine nitrogen needs during
the growing period. In lieu of split applications, the
planner may recommend the application of the total
nitrogen requirement for spring-planted row crops within
one week prior to planting if at least 50% of the plant
available nitrogen requirement of the crop is supplied
with slowly available nitrogen sources.
f. Nutrient management plans shall include a statement
indicating that applications of inorganic nutrient sources,
liquid manure, liquid sewage sludge, or liquid industrial
waste are not to occur on frozen or snow-covered ground.
When ground is frozen, dry or semi-solid manures,
dewatered sludges, or dewatered industrial wastes may
only be applied if the field has: (i) slopes not greater than
6.0%; (ii) 60% uniform ground cover from crop residue
or an existing actively growing crop such as a small grain
or fescue with exposed plant height of three inches or
more; (iii) a minimum of a 200-foot vegetated or
adequate crop residue buffer between the application area
and all surface water courses; and (iv) soils characterized
by USDA as "well drained."
5. Application method for nutrients.
a. The application of nitrogen containing materials shall
be managed to minimize runoff, leaching and
volatilization losses.
b. Applications of liquid manures or sludges utilizing
irrigation shall not be recommended to be applied at
hydraulic rates above those contained in Virginia
Nutrient Management Standards and Criteria, revised
October 2005 July 2014.
c. Plans shall not recommend liquid manure or sludge
application rates utilizing nonirrigation liquid spreading
equipment which exceed 14,000 gallons per acre
(approximately one-half (0.5) inch) per application. The
amount of liquid manure or sludge application in plans
will not exceed the hydraulic loading capacity of the soil
at the time of each application. If a subsequent pass
across a field is necessary to achieve the desired
application rate, the plan will allow for sufficient drying
time.
d. Where possible, the planner should recommend that
biosolids, industrial wastes and manures be incorporated
or injected in the crop root zone in order to reduce losses
of nitrogen to the atmosphere and to increase the plant
available nitrogen to phosphorus ratio of these nutrient
sources relative to crop nutrient needs. Lime stabilized
biosolids should not be injected due to the creation of a
localized band of high soil pH unless subsequent
practices are utilized, such as disking, in order to
adequately mix the soil.
e. The planner shall recommend setbacks around wells,
springs, surface waters, sinkholes, and rock outcrops
where manure, biosolids, or industrial waste should not
be applied. Such setbacks recommended shall be
consistent with criteria contained in Virginia Nutrient
Management Standards and Criteria, revised October
2005 July 2014, unless alternative setbacks or buffers are
specified in regulations or permits pertaining to the site.
For sites impacted by other regulations or permits, the
planner shall include the setbacks and buffers specified in
regulations promulgated under § 32.1-164.5 of the Code
of Virginia for sewage sludge, § 62.1-44.17:1 of the
Code of Virginia for animal waste, § 62.1-44.17:1.1 of
the Code of Virginia for poultry waste, and Chapter 21
(§ 10.1-2100 et seq.) of Title 10.1 of the Code of Virginia
for sites in Chesapeake Bay Preservation areas, and
permits for industrial waste land application. The land
area within setback and buffer areas shall be deducted
from field acreage to determine usable field acreage for
nutrient application in nutrient management plans.
B. Manure production and utilization.
1. The planner shall estimate the annual manure quantity
produced on each farm utilizing tables and forms contained
in Virginia Nutrient Management Standards and Criteria,
revised October 2005 July 2014, or from actual farm
records of manure pumped or hauled during a
representative 12-month period.
2. The nutrient management plan shall state the total
amount of manure produced and the amount that can be
used on the farm, utilizing the information and methods
provided in the Virginia Nutrient Management Standards
and Criteria, revised October 2005 July 2014. The plan
shall discuss any excess manure and shall provide
recommendations concerning options for the proper use of
such excess manure.
C. Plans shall identify and address the protection from
nutrient pollution of environmentally sensitive sites.
D. Plan maintenance and revisions.
1. A site-specific nutrient management plan developed in
accordance with all requirements of these regulations,
including specified crops or crop rotations, shall provide
information on soil fertility and seasonal application of
required nutrients for one to five years of crop production.
Plans developed for a period of time greater than three
years and up to five years shall be limited to sites in
permanent pasture or continuous hay.
2. The plan shall state a need for immediate modification if
(i) animal numbers are to increase above the level specified
in the plan, (ii) animal types including intended market
weights are to be changed, (iii) additional imported
manure, biosolids, or industrial waste that was not
identified in the existing plan is to be applied to fields
under the control of the operator, or (iv) available land area
for the utilization of manure decreases below the level
necessary to utilize manure in the plan. The plan shall also
state a need for modification prior to subsequent nutrient
applications if cropping systems, rotations, or fields are
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1427
changed and phosphorus will be applied at levels greater
than crop nutrient needs based on soil analysis as
determined from procedures in Virginia Nutrient
Management Standards and Criteria, revised October 2005
July 2014.
3. Adjustments to manure production and application
should be made if there are increases in animal numbers or
changes in how animal waste is stored or applied, or when
there are changes in nutrient content of manure resulting
from changing feed rations, animal types, or new sampling
and analysis for nutrient content and application rate
calculations.
4. Soil analysis shall be recommended for each field at
least once every three years to determine the soil fertility
and pH, and to update the nutrient management plan.
5. Manure analysis shall be recommended before field
application until a baseline nutrient content is established
for the specific manure type on the corresponding farm
operation. After a baseline nutrient content is established, a
manure analysis shall be recommended at least once every
three years for dry or semisolid manures, and at least once
every year for liquid manures.
6. Modified top dressing or sidedressing application rates
of nitrogen may be recommended if a pre-sidedress
nitrogen test (PSNT) administered during the growing
season indicates different levels of nitrogen than planning
time calculations if the use of the PSNT and interpretation
of the test results are consistent with Virginia Nutrient
Management Standards and Criteria, revised October 2005
July 2014.
DOCUMENTS INCORPORATED BY REFERENCE
(4VAC5-15)
Virginia Nutrient Management Standards and Criteria,
Department of Conservation and Recreation, Division of Soil
and Water Conservation, revised October 2005
Virginia Nutrient Management Standards and Criteria,
revised July 2014, Department of Conservation and
Recreation, Division of Nonpoint Pollution Prevention
Virginia Commercial Vegetable Production
Recommendations for 2005, Virginia Cooperative Extension
Service, Publication No. 456-420
Electronic Field Office Technical Guide, Natural Resources
Conservation Service, United States Department of
Agriculture
Methods of Soil Analysis, Part 3, Chemical Methods, 1996,
Soil Science Society of America/American Society of
Agronomy
Recommended Methods of Manure Analysis, publication
A3769, University of Wisconsin, 2003
Tucker, M.R. 1992. Determination of phosphorus by
Mehlich 3 extraction. pg. 6-8. In S.J. Donohue (Ed.)
Reference Soil and Media Diagnostic Procedures for the
Southern Region of the United States. Southern Cooperative
Series Bulletin No. 374
Virginia Phosphorus Index Version 2.0 Technical Guide,
Revised October 2005, Virginia Tech
VA.R. Doc. No. R14-3787; Filed December 28, 2013, 3:53 p.m.
Final Regulation
REGISTRAR'S NOTICE: The Virginia Soil and Water
Conservation Board is claiming an exemption from Article 2
(§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2 of the Code of
Virginia pursuant to enactment clause 3 of Chapters 593 and
658 of the 2013 Acts of Assembly, which transferred the
nutrient management training and certification regulations
from the Department of Conservation and Recreation to the
board.
Title of Regulation: 4VAC50-85. Nutrient Management
Training and Certification Regulations (adding 4VAC50-
85-10 through 4VAC50-85-140).
Statutory Authority: § 10.1-104.2 of the Code of Virginia.
Effective Date: February 26, 2014.
Agency Contact: David C. Dowling, Policy and Planning
Director, Department of Conservation and Recreation, 600
East Main Street, 24th Floor, Richmond, VA 23219,
telephone (804) 786-2291, FAX (804) 786-6141, email
Summary:
Chapters 593 and 658 of the 2013 Acts of Assembly
transferred the authority for the Nutrient Management
Training and Certification Regulations from the
Department of Conservation and Recreation to the
Virginia Soil and Water Conservation Board effective July
1, 2013. This exempt action renumbers the regulations to
accomplish this transfer (4VAC5-15-10 to 4VAC50-85)
and updates cross-references.
CHAPTER 15 85
NUTRIENT MANAGEMENT TRAINING AND
CERTIFICATION REGULATIONS
4VAC5-15-10. 4VAC50-85-10. Definitions.
The words and terms used in this chapter shall have the
following meanings unless the context clearly indicates
otherwise.
"Application rate" or "nutrient rate" means the quantity of
major nutrients, nitrogen as N, phosphorus as P2O5, and
potassium as K2O on a per acre basis to supply crop or plant
nutrient needs, and to achieve realistic expected crop yields.
"Banding" or "sideband" means the placement of fertilizer
approximately two inches to the side and two inches below
the seed.
"Best management practice" means a conservation or
pollution control practice that manages soil, nutrient losses, or
other potential pollutant sources to minimize pollution of
water resources, such as split applications of nitrogen, or use
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Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014
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of cereal grain cover crops to trap available nitrogen and
reduce soil erosion.
"Biosolids" means a sewage sludge that has received an
established treatment for required pathogen control and is
treated or managed to reduce vector attraction to a
satisfactory level and contains acceptable levels of pollutants,
such that it is acceptable for use for land application,
marketing, or distribution in accordance with 12VAC5-585,
Biosolids Use Regulations of the Board of Health.
"Broadcast" means the uniform application of a material
over a field.
"Calibration" means the systematic determination of the
operational parameters, such as speed and quantity delivered,
of application equipment.
"Cereal crop" or "small grain" means barley, rye, triticale, or
wheat.
"Certified nutrient management planner" or "nutrient
management planner" or "planner" means a person who holds
a current Virginia nutrient management certificate of
competence.
"Cool season grass" means grass species of temperate zone
origin which exhibit the greatest rates of dry matter
production in the day/night temperature range of 60°/50°F to
80°/70°F. Examples of cool season grasses include fescue,
bluegrass, and ryegrass.
"Commonwealth" means the Commonwealth of Virginia.
"Composted organic nutrient source" means the relatively
stable, humus-like product resulting from the controlled
aerobic, thermophilic biological decomposition of organic
material that bears little physical resemblance to the raw
materials from which it originated.
"Cover crop" means a crop including, but not limited to,
cereal grains, which is planted following the harvest of the
preceding crop for the purpose of:
1. Seasonal protection of soil, or
2. Assimilation of residual soil nitrogen left from a
previous crop or from continued mineralization of
nitrogen.
"Crop" means cultivated plants or agricultural produce such
as grain, silage, forages, oilseeds, vegetables, fruit, nursery
stock, or turfgrass.
"Cropland" means land used for the production of grain,
oilseeds, silage, industrial crops, and any other category of
crop not defined as specialty crop, hay, or pasture.
"Crop nutrient needs" means the primary nutrient
requirements of a crop determined as pounds per acre or
pounds per 1,000 square feet of nitrogen as N, phosphorus as
P2O5, and potassium as K2O required to support crop growth
for production of an expected crop yield based upon soil
analysis results as specified in Virginia Nutrient Management
Standards and Criteria, revised October 2005, or Virginia
Commercial Vegetable Production Recommendations for
2005.
"Crop nutrient removal" means the amount of nutrients per
acre expected to be taken up by a plant and removed from the
site in the harvested portion at the expected yield level,
generally expressed as tons per acre or bushels per acre, at
rates specified in Virginia Nutrient Management Standards
and Criteria, revised October 2005.
"Crop rotation" means one complete sequence of one or
more crops grown in succession that may assist in minimizing
disease, insects and weeds. For permanent hay, pasture, or a
single crop planted continuously, the crop rotation is defined
as the life of the nutrient management plan.
"Department" means the Department of Conservation and
Recreation.
"Double crop" means the production and harvesting of two
crops in succession within a consecutive 12-month growing
season.
"Dry manure" or "semisolid manure" means manure
containing less than 85.5% moisture.
"Environmentally sensitive site" means any field which is
particularly susceptible to nutrient loss to groundwater or
surface water since it contains or drains to areas which
contain sinkholes, or where at least 33% of the area in a
specific field contains one or any combination of the
following features:
1. Soils with high potential for leaching based on soil
texture or excessive drainage;
2. Shallow soils less than 41 inches deep likely to be
located over fractured or limestone bedrock;
3. Subsurface tile drains;
4. Soils with high potential for subsurface lateral flow
based on soil texture and poor drainage;
5. Floodplains as identified by soils prone to frequent
flooding in county soil surveys; or
6. Lands with slopes greater than 15%.
"Expected crop yield" means a realistic crop yield for a
given farm field determined by using yield records or soil
productivity information.
"Fertilizer" means any organic or inorganic material of
natural or synthetic origin that is added to a soil to supply
certain nutrients essential to plant growth.
"Field" means a unit of contiguous nonwooded land
generally used for crop production that is separated by
permanent boundaries, such as fences, permanent waterways,
woodlands, croplines not subject to change because of
farming practices, and other similar features or as determined
by the United States Department of Agriculture Farm Service
Agency.
"Field identification number" means a number used by a
farmer (or the United States Department of Agriculture Farm
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Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014
1429
Service Agency) to distinguish or identify the location of a
field on a farm.
"Grid soil sampling" means a process whereby farm fields or
other areas are subdivided into smaller areas or squares for
the purpose of obtaining more detailed soil analysis results.
"Groundwater" means any water beneath the land surface in
a water saturated layer of soil or rock.
"Hay" means a grass, legume, or other plants, such as clover
or alfalfa, which is cut and dried for feed, bedding, or mulch.
"Hydrologic soil group" means a classification of soils into
one of four groups, A, B, C, or D, according to their
hydrologic properties, ranging from low runoff potential
(high infiltration potential) in group A to high runoff potential
(low infiltration potential) in group D.
"Incorporation" means the process whereby materials are
mixed into soils and not exposed on the soil surface, such as
would be achieved by disking one time to a depth of six
inches.
"Industrial waste" means liquid or other waste resulting
from any process of industry, manufacture, trade or business,
or from the development of any natural resources.
"Irrigation" means the application of water to land to assist
in crop growth.
"Irrigation scheduling" means the time and amount of
irrigation water to be applied to an area for optimum crop
growth and to minimize leaching and runoff.
"Leaching" means the movement of soluble material, such
as nitrate, in solution through the soil profile by means of
percolation.
"Legume" means a plant capable of fixing nitrogen from the
atmosphere such as peas, soybeans, peanuts, clovers, and
alfalfas.
"Legume nitrogen credit" means the amount of nitrogen a
legume is expected to supply to a succeeding crop.
"Liming" means the application of materials containing the
carbonates, oxides, or hydroxides of calcium or magnesium in
a condition and in a quantity suitable for neutralizing soil
acidity.
"Liquid manure" means manure containing at least 85.5%
moisture or which can be applied through subsurface
injection or surface application with liquid application
equipment.
"Livestock" means domesticated animals such as cattle,
chickens, turkeys, hogs, and horses raised for home use or for
profit.
"Manure" or "animal waste" means animal fecal and urinary
excretions and waste by products byproducts, which may
include spilled feed, bedding litter, soil, lactase, process
wastewater, and runoff water from animal confinement areas.
"Mehlich I" means the North Carolina Double-Acid soil
analysis procedure to determine extractable levels of certain
nutrients in soils as described in Methods of Soil Analysis,
Part 3, Chemical Methods, 1996.
"Mehlich III" or "Mehlich 3" means a modified version of
the Mehlich I method used to determine extractable levels of
certain nutrients in soils as described in Methods of Soil
Analysis, Part 3, Chemical Methods, 1996 and in Reference
Soil and Media Diagnostic Procedures for the Southern
Region of the United States, Southern Cooperative Series
Bulletin No. 374.
"Micronutrient" means a nutrient necessary only in
extremely small amounts for plant growth.
"Mineralization" means the process when plant unavailable
organic forms of nutrients are converted to a plant available
inorganic state as a result of soil microbial decomposition.
"No-till" means the soil is left undisturbed from the time of
harvest or the killing of the preceding crop or cover crop until
and including the time of planting of the current crop except
for strips up to 1/3 of the row width that are disturbed by
coulters or disk openers during the planting operation.
"NRCS" means the United States Department of
Agriculture, Natural Resource Conservation Service, formerly
the Soil Conservation Service (SCS).
"Nutrient" means an element or compound essential as raw
materials for plant growth and development such as carbon,
nitrogen, and phosphorus.
"Nutrient content" means the percentage of any primary
nutrients such as nitrogen as N, phosphorus as P2O5, and
potassium as K2O contained in any type or source of plant
nutrients.
"Nutrient management plan" or "plan" means a plan
prepared by a Virginia certified nutrient management planner
to manage the amount, placement, timing, and application of
manure, fertilizer, biosolids, or other materials containing
plant nutrients in order to reduce nutrient loss to the
environment and to produce crops.
"Nutrient Management Training and Certification Fund"
means the fund established by § 10.1-104.2 of the Code of
Virginia to support the department's Nutrient Management
Training and Certification Program.
"Organic nutrient source" or "organic source" means
manure, biosolids, sludge, industrial waste, green manure,
compost, or other plant or animal residues which contain
plant nutrients.
"Organic residuals" means nutrients released over time from
manure, biosolids, industrial wastes, legumes, or other
organic sources of nutrients.
"Pasture" means land which supports the grazing of animals
for forages.
"Person" means an individual, corporation, partnership,
association, a governmental body and its subordinate units, a
municipal corporation or any other legal entity.
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"Phosphorus index" means the Virginia Phosphorus Index
Version 2.0 Technical Guide, revised October 2005.
"Phosphorus saturation level" means the ratio of phosphorus
to aluminum plus iron (P/(Al+Fe)) in a soil using the Acid
Ammonium Oxalate in Darkness method described in
Methods of Soil Analysis, Part 3, Chemical Methods, 1996
(pp. 649-650) or estimated with another extraction procedure
correlated to the Acid Ammonium Oxalate in Darkness
method and approved by the department.
"Plant available nutrients" means the portion of nutrients
contained in nutrient sources which is expected to be
available for potential use by plants during the growing
season or the crop rotation.
"Pre-sidedress nitrate test" or "PSNT" means a procedure
used to determine soil nitrate-nitrogen levels at a specific time
during a corn crop growing season.
"Primary nutrients" means nitrogen as N, phosphorus as
P2O5, and potassium as K2O.
"Residual nutrients" means the level of nitrogen,
phosphorus, and potassium remaining or available in the soil
from previously applied nutrient sources, or unharvested
plants or plant parts, or naturally occurring nutrient levels in
the soil.
"Runoff" means that part of precipitation, snow melt, or
irrigation water that runs off the land into streams or other
surface water which can carry pollutants from the land.
"RUSLE2" means the USDA—NRCS Revised Universal
Soil Loss Equation Version 2 software package.
"Secondary nutrient" means calcium, magnesium, or sulfur.
"Sewage sludge" or "sludge" means any solid, semisolid, or
liquid residues which contain materials removed from
municipal or domestic wastewater during treatment including
primary and secondary residues. Other residuals or solid
wastes consisting of materials collected and removed by
sewage treatment, septage, and portable toilet wastes are also
included in this definition. Liquid sludge contains less than
15% dry residue by weight or can be applied through
subsurface injection or surface application with liquid
application equipment. Dewatered sludge contains 15% or
more dry residue by weight.
"Shall" means a mandatory requirement.
"Should" means a recommendation.
"Slope" means the degree of deviation of a surface from
horizontal, measured as a percentage, as a numerical ratio, or
in degrees.
"Sidedress" means the placement of fertilizer beside or
between the rows of a crop after crop emergence.
"Sinkhole" means a depression in the earth's surface caused
by dissolving of underlying limestone, salt, or gypsum having
drainage patterns through underground channels.
"Slope" means the degree of deviation of a surface from
horizontal, measured as a percentage, as a numerical ratio, or
in degrees.
"Slowly available nitrogen" means nitrogen sources that
have delayed plant availability involving compounds which
dissolve slowly, materials that must be microbially
decomposed, or soluble compounds coated with substances
highly impermeable to water such as polymer coated
products, methylene urea, isobutylidene diurea (IBDU), urea
formaldehyde based (UF), sulfur coated urea, and natural
organics.
"Soil erosion" or "erosion" or "soil loss" means the wearing
away of the land surface by water, wind, or waves.
"Soil management group" means a grouping of soils based
on their similarity in profile characteristics which affect crop
production and require specific soil and crop management
practices.
"Soil pH level" means the negative logarithm of the
hydrogen-ion activity of a soil which measures the relative
acidity or alkalinity of the soil. The pH level affects the
availability and plant utilization of nutrients.
"Soil productivity group" means a grouping of soils based
upon expected yield levels for a given crop type.
"Soil series" means a classification of a specific soil type by
name based on the morphological, chemical and physical
properties of the soil.
"Soil survey" means a published or electronically available
document developed by a governmental entity using the
standards and protocols of the National Cooperative Soil
Survey that includes detailed descriptions and classifications
of soils, mapping of various soil series, and the interpretation
of soils according to their adaptability for various crops and
trees.
"Specialty crop" means vegetables, tree crops, perennial
vine crops, ornamentals, horticultural crops, and other similar
crops.
"Split application" means utilizing a sequence of two or
more nutrient applications, separated by approximately three
weeks or more, to a single crop in order to improve nutrient
uptake efficiency.
"Surface water" means all water whose surface is exposed to
the atmosphere.
"Tilled" means soil is disturbed between the time of harvest
of the preceding crop through the time of planting of the
current crop in that greater than 1/3 of the row width is
disturbed by tillage implements such as moldboard plows,
chisel plows, subsoilers, disks, field cultivators, roto-tillers,
coulters or disk openers.
"Tillering" is means the formation of lateral shoots from the
auxillary axillary buds of small grains and grasses.
"Tissue test" means an analysis of crop tissue for the
percentage of nitrogen at key growth stages, and used as an
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intensive nutrient management technique with small grain
crops.
"Topdress" means broadcast applications of fertilizer on
crops such as small grains or forage after crop emergence has
occurred.
"Trap crop" means a timely planted cereal crop for the
purposes of capturing residual soil nitrogen and nitrogen that
is released during the decomposition of manure or biosolids
in order to manage limited manure or sewage sludge storage
availability.
"Turfgrass" means selected grass species planted or sodded
and managed for such uses as home lawns, golf courses,
office parks and rights-of-way.
"Volatilization" means a process by which nitrogen is lost to
the atmosphere as ammonia gas.
"Warm season grass" means a grass species of tropical
origin that exhibits the highest rate of dry matter production
in the day/night temperature range of 90°/79°F at a minimum
to a maximum of 97°/88°F. Examples of warm season grasses
include zoysia and bermuda grasses.
"Water insoluble nitrogen" or "WIN" means the amount of a
type of slowly available nitrogen listed on fertilizer bags and
reported as a percentage.
"Watershed" means a drainage area or basin in which all
land and water areas drain or flow toward a central collector
such as a stream, river, or lake at a lower elevation.
"Watershed code" means the letter and number used by the
department to identify a watershed or hydrologic unit area.
"Zadoks' growth stage" means the numerical scale ranging
from 0-93 which assigns values to small grain growth stages,
e.g. Growth Stage 30 is just prior to the stem elongation
phase in wheat growth.
4VAC5-15-20. 4VAC50-85-20. Purpose.
A. This chapter governs the department's voluntary Nutrient
Management Training and Certification Program for
individuals who prepare nutrient management plans.
B. A nutrient management plan is prepared to indicate how
primary nutrients are to be managed on farm fields and other
land for crop production and in ways which protect
groundwater and surface water from excessive nutrient
enrichment. Plans contain operating procedures based on
expected crop yield, existing nutrient levels in the soil,
organic residuals, optimum timing and placement of
nutrients, environmental resource protection, and agronomic
practices such as liming, tillage, and crop rotation. The
department shall certify the competence of individuals to
prepare these plans and provide criteria relating to the
development of nutrient management plans.
4VAC5-15-30. 4VAC50-85-30. Certificates of competence.
A. This chapter applies to any individual seeking a
certificate of competence as described in § 10.1-104.2 of the
Code of Virginia.
B. Certificates of competence shall be issued by the
department to certified nutrient management planners. The
department may issue distinct classifications of certification
based on areas of specialty, including agriculture and urban
agronomic practices.
4VAC5-15-40. 4VAC50-85-40. Eligibility requirements.
A. Certification may be obtained by satisfying all of the
following requirements for certification:
1. Satisfactorily completing and submitting to the
department an application in the form required by the
department, including a statement of any felony
convictions. Such application shall be submitted to the
department at least 30 days before the approved
examination date set by the department. The application
shall request information relating to the person's education,
work experience, knowledge of nutrient management, and
willingness to abide by the requirements of these
regulations;
2. Supplying proof of meeting one of the following:
a. A copy of a college transcript indicating completion of
a college degree with a major in an agriculturally related
area with coursework in the area of nutrient management
such as soils, soil fertility, and plant science, and one
year of practical experience related to nutrient
management planning or implementation of nutrient
management concepts and principles acceptable to the
department, or
b. A combination of education to include nutrient
management related educational courses or training and a
minimum of three years of practical experience related to
nutrient management planning or implementation of
nutrient management concepts and principles acceptable
to the department;
3. Obtaining a passing score on each of the parts of the
nutrient management certification examination
administered by the department; and
4. Submitting a $100 certification fee by check or money
order to the department.
B. Certificates shall be valid for two years and will expire on
the last day of the expiration month. Certified nutrient
management planners or applicants shall notify the
department of any change in mailing address within 30 days
of such change in address.
C. Individuals certified as nutrient management consultants
by the State of Maryland or certified as nutrient management
specialists by the Commonwealth of Pennsylvania will be
eligible for certification in Virginia by complying with all
requirements of these regulations except for subdivision A 2
of this section. These individuals may also substitute, for the
requirements in 4VAC5-15-60 4VAC50-85-60 C, the
attainment of a passing score on a Virginia specific
examination component which shall include at a minimum
the elements listed in 4VAC5-15-60 4VAC50-85-60 C 9 and
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C 10. The department, upon review, may accept or approve
nutrient management certification programs of other states as
satisfying partial requirements for certification.
4VAC5-15-50. 4VAC50-85-50. Fees.
A. Fees shall be collected for certification and recertification
to defray the administrative cost for the certification program.
B. A fee may be charged to supply training materials and
present education and training programs, including
continuing education, which support the certification
program.
C. Fees are nonrefundable and shall not be prorated.
D. The certification fee of $100 for the initial certification
period shall be due with the application for certification. If the
applicant is unsuccessful in achieving a passing score on the
examination, the applicant may retake the examination at the
next scheduled time. Applicants may retake the examination
one time with no additional charge by resubmitting the
application for certification.
E. All fees collected by the department shall be deposited in
the state treasury Nutrient Management Training and
Certification Fund and shall be used exclusively for the
operation of the Nutrient Management Training and
Certification Program.
4VAC5-15-60. 4VAC50-85-60. Examination.
A. The department shall administer nutrient management
certification examinations at least once per year. The
examinations shall require a demonstration of the ability to
prepare a nutrient management plan. The department may
limit the number of applicants taking the examination based
upon available examination space.
B. Applicants for certification shall achieve a passing score
on each of the parts of the nutrient management certification
examination to become eligible for certification.
C. The examinations for persons involved in agricultural
nutrient management shall address the elements listed below.
To address nutrient management on urban land uses, specialty
specific examinations may be added to or substituted by the
department for the elements below.
1. General understanding of overall nutrient management
concepts such as nutrient cycling on farms, the purpose of
nutrient management planning, economic aspects of
nutrient use, and components of a nutrient management
plan;
2. Basic soil science concepts such as soil physical and
chemical properties including texture, structure, organic
matter, and horizon development, and how such
characteristics influence crop productivity and adaptation,
water runoff, and infiltration;
3. Environmental management concepts such as the water
cycle, nutrient loss mechanisms, environmental effects of
nutrients in waters including Chesapeake Bay,
identification of high risk sites relating to nutrient use and
appropriate nutrient management practices to reduce
nutrient losses;
4. Nutrient sampling, testing, and analysis such as basic
sampling procedures, relationship of soil test level with the
likelihood of crop response, soil nitrate testing, manure and
biosolids sampling and interpretation, and determining
nitrogen supplied by legumes;
5. Basic soil fertility concepts such as relationship of soil
pH to nutrient availability and toxicity, essential elements
for crop growth, limiting factors to crop production, cation
exchange capacity and related concepts, nutrient cycles,
and forms of nutrients in soils;
6. Fertilizer management concepts such as types of
fertilizers, nutrient analysis of common materials and
grades, basic calculations and blending, calibration of
equipment, and application methods;
7. Manure management concepts such as nutrient content
and volume produced, determination of plant available
nutrients, selecting sites for manure application, proper
timing and placement, coordination of fertilizers with
manure, application methods and calibration;
8. Biosolids management concepts such as determination
of plant available nutrients, nutrient content, forms of
nutrients, types of sludges, coordination with fertilizer
applications, and application methods;
9. Nutrient management training and certification
regulatory requirements, and requirements of other nutrient
management related laws, regulations, and incentive
programs; and
10. Development of multiple components of nutrient
management plans and completion of calculations
comparable to development of nutrient management plans
such as, but not limited to, determination of specific soil
types in fields, determination of specific nutrient
requirements based on soil productivity and soil analysis
results, evaluation of field limitations based on
environmental hazards or concerns, timing of nitrogen
applications, phosphorus nutrient management planning
methods and assessment techniques, and interpretation of
manure analysis results.
D. An individual who is unable to take an examination at the
scheduled time shall notify the department at least five days
prior to the date and time of the examination; such individual
will be rescheduled for the next examination. The department
may consider accepting notice of less than five days due to
individual hardship situations on a case-by-case basis. Failure
to notify the department may require the individual to submit
a new application and payment of fees in accordance with
4VAC5-15-40 4VAC50-85-40.
E. The department shall establish acceptable passing scores
for the examinations based on the department's determination
of the level of examination performance required to show
minimal acceptable competence.
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F. All applicants shall be notified of results in writing within
60 days of the completion of the examinations.
4VAC5-15-70. 4VAC50-85-70. Training.
A. The department shall provide a training session on the
mechanics of nutrient management plan development prior to
scheduled examinations.
B. The department may provide a training course on
concepts supporting and relating to nutrient management
which may include: basic soil science; soil fertility;
environmental management; fertilizer, manure, and biosolids
management; and other relevant topics.
4VAC5-15-80. 4VAC50-85-80. Certificate renewal.
The department will not renew a certificate if a proceeding
to deny certification under 4VAC5-15-110 4VAC50-85-110
has begun, or if the department has found that the applicant
violated any requirements of this chapter. A certificate is
issued for two years and may be renewed on or before the
expiration of a certificate by complying with all of the
following requirements:
1. Submittal of a renewal application on the form the
department requires;
2. Payment of a $100 renewal fee to the department;
3. Submittal of proof of satisfactory completion of at least
four hours of continuing education pre-approved by the
department within the past two years. Requests for pre-
approval of continuing education courses must be received
at least 60 days prior to the expected course date or dates
and must include a detailed syllabus indicating time to be
spent on each topic area covered. Continuing education
hours must be in subject matter consistent with 4VAC5-
15-60 4VAC50-85-60 C. Department personnel may attend
continuing education sessions to verify that the
requirements are met. Proof of attendance must be verified
by the course provider. The department may accept
continuing education units obtained in Delaware, Maryland
and Pennsylvania if such continuing education units are
specifically for the purpose of recertification in the state
nutrient management certification program; and
4. Completion of at least one nutrient management plan or
completion of four hours of continuing education pre-
approved by the department within the past two years in
addition to the requirements of subdivision 3 of this
section.
Persons certified prior to January 11, 2006, shall attend a
department approved training course in phosphorus nutrient
management planning methods and assessment techniques
prior to certificate renewal. The training course hours may be
applied toward other continuing education requirements of
this subsection.
4VAC5-15-90. 4VAC50-85-90. Expiration of a certificate.
A. A certificate shall be deemed expired the day after the
expiration date on the certificate if any of the requirements of
4VAC5-15-80 4VAC50-85-80 are not met.
B. Following the expiration of a certificate, reinstatement
may be accomplished only by reapplication and compliance
with all requirements of 4VAC5-15-40 4VAC50-85-40 A
including the examination requirements.
4VAC5-15-100. 4VAC50-85-100. Recordkeeping and
reporting requirements.
A. Certified nutrient management planner reporting
requirements. A person who holds a certificate under these
regulations shall keep records and file with the department by
September 30 of each year an annual activity report on a form
supplied by the department covering the previous year (July 1
through June 30). The annual activity report shall contain the
following information:
1. Name and certificate number of the certified nutrient
management planner;
2. Any change of mailing address during the previous year;
3. Number of nutrient management plans completed;
4. Acreage covered by plans and planned acreage by
county and state watershed codes specified by plan
categories of new or revised;
5. Breakdown of planned acreage by cropland, hay,
pasture, and specialty crops by county and watershed code
specified by plan categories of new or revised; and
6. Other information indicating number of practices
facilitated by the planner such as manure testing and use of
the PSNT.
B. Certified nutrient management planner recordkeeping
requirements. The department may periodically inspect
nutrient management plans prepared by certified persons and
required records for the purpose of review for compliance
with 4VAC5-15-140 4VAC50-85-130 and 4VAC5-15-150
4VAC50-85-140. A certified nutrient management planner
shall maintain the following plan records for a period of not
less than three years from the date the plan was prepared:
1. A complete copy of each nutrient management plan
prepared and shall make such plans available for inspection
by department personnel upon request within one week of
receiving such request;
2. Records for each plan with all of the following
information if the information is not already contained in
the plan:
a. Representative soil analysis results for fields, or field
grids if grid soil sampling is used, dated not more than
three years prior to the date the nutrient management
plan was completed to include information on soil
fertility levels for phosphorus and potassium, and pH
level;
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b. Copies of soil survey maps or a soil survey book
containing maps for each field unless a soil survey has
not been published for the county;
c. Yield records for each field to include calculations
used to determine the planning yield if upward
adjustments to soil productivity based yields were made
to more than 20% of the fields covered by the plan;
d. Type and number of livestock, if any, as well as a
description of the livestock to include average weight;
e. Calculations or records indicating annual quantity of
manure produced or expected to be produced; and
f. Organic nutrient source analysis, if applicable, to
include information on percentage of moisture, total
nitrogen or total Kjeldahl nitrogen, ammonium nitrogen,
total phosphorus, and total potassium.
3. A summary listing of all plans prepared to include
landowner or operator's name and the date the plan was
prepared or revised.
C. Certified nutrient management planners shall provide the
department with a copy of a nutrient management plan within
two weeks following the modification of any plan required by
regulations promulgated under § 32.1-164.5 for sewage
sludge, § 62.1-44.17:1 for animal waste, and § 62.1-44.17:1.1
for poultry waste.
4VAC5-15-110. 4VAC50-85-110. Compliance with
regulations and disciplinary action.
If the department finds that a certified person or an applicant
for certification violated any requirements of this chapter,
including the circumstances listed below, the department may
deny, suspend or revoke certification, following the informal
fact-finding procedures of the Virginia Administrative
Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
1. Providing misleading, false, or fraudulent information in
applying for a certificate;
2. Providing the department with any misleading, false, or
fraudulent report;
3. Offering or preparing a nutrient management plan
claimed to be prepared by a person certified as a nutrient
management planner in Virginia as provided by these
regulations without a certificate;
4. Offering, preparing, modifying, or revising a nutrient
management plan that does not comply with the
requirements of these regulations;
5. Failing to promptly provide any report or to allow the
department access to inspect any records required to be
kept by these regulations;
6. Failing to provide the department with a copy of a
nutrient management plan within two weeks following the
modification of any plan required by regulations
promulgated under § 32.1-164.5 of the Code of Virginia
for sewage sludge, § 62.1-44.17:1 of the Code of Virginia
for animal waste, or § 62.1-44.17:1.1 of the Code of
Virginia for poultry waste; or
7. Conviction of a felony related in any way to the
responsibilities of a certified nutrient management planner.
4VAC5-15-120. 4VAC50-85-120. Advisory committee.
The department may establish a nutrient management
training and certification advisory committee. Advisors shall
serve for a term of two years. Members shall be from the
agricultural community, academia, industry, the
environmental community, and appropriate government units.
4VAC5-15-140. 4VAC50-85-130. Nutrient management
plan content.
A. A certified nutrient management planner shall prepare
nutrient management plans which contain the information in
subsections B through G of this section. For nutrient
management plans covering nonagricultural, specialty land
uses, for example residential lawns, office parks, and golf
courses, the department may specify additional plan elements
which are critical to the management of nutrients for a
particular activity, and may eliminate requirements not
pertinent to nonagricultural land uses.
B. Plan identification. Each plan shall be identified by a
single cover sheet indicating:
1. Farmer/operator name and address;
2. Name, certificate number, and signature of the certified
nutrient management planner that prepared the plan;
3. County and watershed code of land under the nutrient
management plan;
4. Total acreage under the plan with double cropped
acreage accounted for only once;
5. Acreage of cropland, hay, pasture, and specialty crops
included in the plan for the first year of the plan;
6. Date the plan was prepared or revised; and
7. Type and approximate number of livestock, if
applicable.
C. Map or aerial photograph.
1. Each plan shall contain a map or aerial photograph to
identify:
a. The farm location and boundaries;
b. Individual field boundaries where nutrients will be
applied;
c. Field numbers and acreages where nutrients will be
applied;
d. Environmentally sensitive sites as defined in 4VAC5-
15-10 4VAC50-85-10;
e. Setback areas for nonapplication for manure and
biosolids as specified in 4VAC5-15-150 4VAC50-85-
140 A 5 e;
f. Location of manure, biosolids, or waste storage if any;
and
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g. Intermittent or perennial streams and associated
buffers (if the phosphorus index is used to determine
phosphorus application rates for specific fields).
2. The map or aerial photograph shall be legible, with the
features in subdivision 1 of this subsection recognizable. A
farm sketch or soil survey map may be used when a map or
aerial photograph is not available, if the features described
in subdivision 1 of this subsection are recognizable.
D. Summary of nutrient management plan
recommendations. Each plan shall contain one or more
summary sheets that list the following information for each
field:
1. Name of the farmer/operator;
2. Field identification numbers to include the United States
Department of Agriculture Farm Service Agency tract and
field numbers;
3. Field acreages;
4. Expected crops or crop rotations;
5. Crop nutrient needs per acre based on soil analysis
results and soil productivity;
6. Legume nitrogen credits per acre;
7. Available nutrients in soil from previous crop and
mineralization of organic residuals;
8. Recommended organic nutrient source application rates
in tons per acre or 1,000 gallons per acre; plant available
nitrogen as N, phosphorus as P2O5, and potassium as K2O
per acre; and spreading schedule to include approximate
months of application;
9. Expected time of incorporation of organic nutrient
sources into the soil if organic nutrient sources will be
used;
10. Commercial fertilizer rates and timing of applications,
including split applications of nitrogen and the possible use
of soil nitrogen test results on a field before sidedressing
with nitrogen; and
11. Numerical phosphorus and potassium soil analysis
results expressed as ppm P and K, pounds per acre P and K
or pounds per acre P2O5 and K2O for all fields in the plan.
E. Individual fields may be grouped together if similar soil
productivity levels, soil fertility levels, and environmentally
sensitive site features exist pertaining to subsection D of this
section.
F. Each plan shall also contain the following information in
summary or narrative form:
1. Identification and management of environmentally
sensitive sites;
2. Quantities of manure produced on the farm, available
manure storage capacity, and manure analysis;
3. Total manure used as crop nutrients, if any, including
manure from both on farm and off farm sources based on
plan recommendations and total land requirements for
manure utilization;
4. Quantity of unused manure, if applicable, and
recommendations on appropriate use options;
5. Liming recommendations if soil pH is below the optimal
range or to raise soil pH to no more than the upper limit for
lime stabilized sewage sludge;
6. Recommendations or fact sheets to ensure efficient
application of fertilizers and organic nutrient sources and
other best management practices to reduce the potential for
the degradation of surface and groundwater quality, which
may include but are not limited to:
a. Equipment calibration;
b. Application timing and method;
c. Crop rotation and agronomic practices;
d. Soil nitrate testing; and
e. Cover crop management;
7. Information on maintaining and updating a nutrient
management plan. General comments about plan
maintenance shall include:
a. The length of time the plan is effective consistent with
4VAC5-15-150 4VAC50-85-140 D 1; and
b. Identification of circumstances or changes in the farm
operation such as an increase in animal numbers that
would require the plan to be updated prior to the time
specified in this subdivision 7;
8. Expected crop yields for each field for the planned crop
rotation;
9. The following information for all fields where the
phosphorus applications are based on the phosphorus
index:
a. Functioning riparian buffer widths and distances to
surface waters in feet;
b. Presence of any contour planting at a maximum of
1.0% row grade, strip cropping, conservation tillage with
greater than 30% residue, or terraces;
c. Percentage of required ground cover on pastures stated
as 75% cover;
d. Crop tillage type for each crop stated as either no-till
or tilled for all cropland; and
e. If expected soil erosion for the phosphorus index was
developed using RUSLE2, a copy of the RUSLE2 Profile
Erosion Calculation Record computerized print-out
indicating: (i) crop(s) for each year in the crop rotation to
match those identified in the nutrient management plan,
(ii) all mechanical field operations, and (iii) edge of field
soil loss for each field; and
10. Other notes as needed pertaining to nutrient
application, tillage, and other special conditions.
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G. The nutrient management planner shall incorporate
additional more restrictive plan requirements if required by
other specific legislative, regulatory or incentive programs
which apply to a specific operator.
4VAC5-15-150. 4VAC50-85-140. Required nutrient
management plan procedures.
A. Nutrient application.
1. A certified nutrient management planner shall include,
in each plan, nutrient application practices for each field in
the plan. The nutrient application rates shall be calculated
for nitrogen (N), phosphate (P2O5), and potash (K2O).
Individual field recommendations shall be made after
considering nutrients contained in fertilizers, manure,
biosolids, industrial wastes, legumes in the crop rotation,
crop residues, residual nutrients, and all other sources of
nutrients. Individual fields may be grouped together if
similar soil productivity levels, soil fertility levels, and
environmentally sensitive site features exist.
2. Nutrient application rates.
a. Determination of crop nutrient needs shall be
consistent with tables and procedures contained in
Virginia Nutrient Management Standards and Criteria,
revised October 2005 and the Commercial Vegetable
Production Recommendations, 2005 (Virginia
Cooperative Extension Publication 456-420), and shall
be based on soil test results for P2O5 and K2O.
b. Nitrogen applications rates in nutrient management
plans shall not exceed crop nutrient needs in subdivision
2 a of this subsection.
c. Phosphorus application rates shall be managed to
minimize adverse water quality impacts consistent with
subdivisions 2 c (1) through (5) of this subsection.
(1) Phosphorus applications from inorganic nutrient
sources shall not exceed crop nutrient needs over the
crop rotation based on a soil test.
(2) Phosphorus applications shall not be included in
nutrient management plans developed after December
31, 2005, for soils exceeding 65% phosphorus saturation
levels as listed in Virginia Nutrient Management
Standards and Criteria, revised October 2005, regardless
of the outcome of other procedures specified in this
subsection except as allowed in subdivision 2 c (4) of this
subsection.
(3) Whenever possible, phosphorus applications from
organic nutrient sources should not exceed crop needs
based on a soil test over the duration of the crop rotation.
If this is not possible, maximum phosphorus application
rates and phosphorus control practices contained in
nutrient management plans shall be consistent with the
phosphorus management provisions contained in
Virginia Nutrient Management Standards and Criteria,
revised October 2005 except as allowed in subdivision 2
c (4) of this subsection.
(4) Fields controlled by existing operations that receive
phosphorus applications only from on-farm or on-site
generated liquid dairy manure, liquid swine manure, or
liquid sewage sludge shall be limited to a maximum of
crop removal amounts of applied phosphorus until
December 31, 2010, if the field exceeds 65% phosphorus
saturation levels or has a phosphorus index rating that
exceeds 100. New operations that begin production after
December 31, 2005, or operations that expand after
December 31, 2005, by increasing the total phosphorus
generated in liquid dairy manure, liquid swine manure or
liquid sewage sludge by more than 10% shall not be
considered existing operations.
(5) A single phosphorus application may be
recommended to address multiple crops in the crop
rotation identified within the timeframe covered by the
nutrient management plan consistent with 4VAC5-15-
150 4VAC50-85-140 D 1 if the single application does
not exceed the sum of the appropriate application rates
for individual crops as determined by subdivisions 2 c (1)
through (3) of this subsection.
d. Recommended application rates for secondary
nutrients and micronutrients should be at agronomically
or economically justifiable levels for expected crop
production. Potassium applications sufficient to meet
crop nutrient needs shall be included in nutrient
management plans for all fields consistent with
recommendations contained in Virginia Nutrient
Management Standards and Criteria, revised October
2005.
e. Expected crop yield shall be determined from any of
the following methods on a given field:
(1) Soil productivity group expected crop yields based on
and consistent with soil productivity information
contained in Virginia Nutrient Management Standards
and Criteria, revised October 2005;
(2) The farmer's past experience with crop yields in
specific fields may be used to make reasonable
adjustments to expected crop yields in subdivision 2 e (1)
of this subsection in lieu of verifiable yield records
provided the upward adjustments impact no more than
20% of the acreage of any crop on a particular farm; or
(3) Verifiable past crop yields are utilized to determined
expected crop yield. The calculation of expected crop
yield shall be an average of the three highest yielding
years taken from the last five years the particular crop
was grown in the specific field.
f. Representative soil analysis results for fields shall be
determined by using standard soil sampling and analysis
methods according to Methods of Soil Analysis, Part 3,
Chemical Methods, 1996 utilizing the Mehlich I
extraction procedure for phosphorus or other methods
and laboratories approved by the department and
correlated to Mehlich I and utilizing correlation
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procedures contained in Virginia Nutrient Management
Standards and Criteria, revised October 2005. Soil
analysis results shall be dated no more than three years
prior to the beginning date of the nutrient management
plan. A single composite soil sample should represent an
area up to approximately 20 acres. Fields such as those
common to strip cropping may be combined when soils,
previous cropping history, and soil fertility are similar.
Representative soil sample cores shall be obtained from
the soil surface to a depth of four inches (0-4") for fields
that have not been tilled within the past three years, and
from the soil surface to a depth of six inches (0-6") for
fields which are tilled or have been tilled within the past
three years. Soil sampling of fields based on subfield
grids or management zones may be utilized.
g. For existing operations, the most recent organic
nutrient source analysis results or an average of past
nutrient analysis results for the specific operation within
the last three-year period shall be used to determine the
nutrient content of organic nutrient sources. Manure
analyses shall include percent moisture, total nitrogen or
total Kjeldahl nitrogen, ammonium nitrogen, total
phosphorus, and total potassium determined using
laboratory methods consistent with Recommended
Methods of Manure Analysis, publication A3769,
University of Wisconsin, 2003 or other methods
approved by the department. For plans on new animal
waste facilities, average analyses published in Virginia
Nutrient Management Standards and Criteria, revised
October 2005, should be utilized unless proposed manure
storage and treatment conditions warrant the use of
alternative data. Plant available nutrient content shall be
determined using the mineralization rates and availability
coefficients found in Virginia Nutrient Management
Standards and Criteria, revised October 2005, for
different forms and sources of organic nutrients.
Mineralization of organic nutrients from previous
applications shall be accounted for in the plan.
h. The expected nitrogen contributions from legumes
shall be credited when determining nutrient application
rates at levels listed in Virginia Nutrient Management
Standards and Criteria, revised October 2005.
3. Soil pH influences nutrient availability and crop nutrient
utilization and should be adjusted to the level suited for the
crop. Nutrient management plans shall contain lime
recommendations to adjust soil pH to a level within the
appropriate agronomic range for the existing crop or
crop(s) to be grown. Recommendations shall address lime
application if soil pH is below the optimal range. Nutrient
management planners shall not recommend the application
of lime, lime-amended materials, or nutrient sources that
are expected to raise the soil pH to a level that exceeds the
appropriate agronomic range for the growing crop or
crop(s) to be grown based on recommendations contained
in Virginia Nutrient Management Standards and Criteria,
revised October 2005.
4. Nutrient application timing.
a. Timing recommendations for nutrient sources
containing nitrogen shall be as close to plant nutrient
uptake periods as reasonably possible. A certified
nutrient management planner shall utilize procedures
contained in Virginia Nutrient Management Standards
and Criteria, revised October 2005, to determine the
timing of nutrient applications. To reduce the potential
for nutrient leaching or runoff, a certified nutrient
management planner shall recommend applications of
nitrogen-containing materials only to sites where an
actively growing crop is in place at the time of
application or where a timely planted crop will be
established within 30 days of the planned nutrient
application, except as specified in subdivisions 4 b
through e of this subsection. If such nutrient applications
are made to fall-seeded crops such as small grain, the
crop planted shall be capable of germination and
significant growth before the onset of winter so the crop
is able to take up the available applied nitrogen.
b. Organic nutrient source applications may be applied at
differing times than specified in subdivision 4 a of this
subsection in order to manage storage constraints in
accordance with the following conditions:
(1) Applications of organic nutrient sources shall be
within 60 days of planting a spring seeded crop to sites
that are not environmentally sensitive sites as identified
in 4VAC5-15-10 4VAC50-85-10 or the Virginia Nutrient
Management Standards and Criteria, revised October
2005, except as specified in subdivision 4 b (2) of this
subsection. Such nutrient applications shall not exceed
allowable application rates of the spring seeded crop;
(2) Applications shall be within 90 days of planting a
spring seeded crop to sites that meet all of the following
requirements:
(a) Are not environmentally sensitive sites as identified
in 4VAC5-15-10 4VAC50-85-10 or the Virginia Nutrient
Management Standards and Criteria, revised October
2005;
(b) Have slopes of less than 7.0% throughout the
application area unless: (i) at least 60% uniformly
distributed crop residue cover exists following
application or (ii) the application and any associated
tillage is in conformance with an existing and
implemented soil conservation plan meeting NRCS
requirements for the site; and
(c) The organic sources being applied are one of the
following: semi-solid beef manure, semi-solid dairy
manure with sawdust bedding or straw bedding,
dewatered anaerobically digested sewage sludge, or
dewatered lime stabilized sewage sludge. Such nutrient
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applications shall not exceed allowable application rates
of the spring planted crop;
(3) Applications of organic nutrient sources may occur
prior to the times specified in subdivisions 4 b (1) and (2)
of this subsection on:
(a) Sites that are not environmentally sensitive sites if all
of the following requirements are met: (i) a trap crop
exists that has reached a Zadoks growth stage of 23 or
greater having a uniform stand throughout the site area of
at least 20 plants per square foot; (ii) the trap crop shall
be allowed to continue growing on the entire site until
within two weeks of the spring crop planting date; (iii) all
such nitrogen applications of organic nutrient sources to
trap crops shall not exceed the crop nutrient needs of the
upcoming spring planted crop subtracting at least 30
pounds per acre of nitrogen to be reserved for use as a
banded starter fertilizer at the time of spring planting;
and (iv) the rate of organic nutrient source applied does
not smother the crop.
(b) Environmentally sensitive sites as identified in
4VAC5-15-10 4VAC50-85-10 or the Virginia Nutrient
Management Standards and Criteria, revised October
2005, in addition to those criteria outlined in subdivision
4 b (3) (a) of this subsection, such applications to a trap
crop must be within 60 days of planting a spring planted
crop.
c. The nutrient timing requirements of subdivisions 4 a
and b of this subsection for application of sewage sludge
to nonenvironmentally sensitive sites in nutrient
management plans shall not be effective until January 1,
2009. The delayed implementation time is provided to
allow for the development of adequate winter storage
capacity, landfilling, or alternative uses. All applications
of sewage sludge to environmentally sensitive sites in
nutrient management plans will fully comply with the
requirements of subdivisions 4 a and b of this subsection
by January 11, 2006.
d. Composted organic nutrient sources having a final
carbon to nitrogen ratio of 20:1 or greater are exempt
from requirements of subdivisions 4 a and b of this
subsection if analyzed for carbon to nitrogen ratio at the
conclusion of the composting process and results are
obtained prior to land application. The planner shall
recommend soil nitrate testing to determine nitrogen
application rates during the growing season following the
application of composted organic nutrient sources.
e. The nutrient management planner shall recommend
split application of inorganic nitrogen fertilizers as starter
or broadcast and sidedressing or top dressing in row
crops and small grains consistent with procedures
contained in Virginia Nutrient Management Standards
and Criteria, revised October 2005, on environmentally
sensitive sites as identified in 4VAC5-15-10 4VAC50-
85-10. Split applications of inorganic nitrogen fertilizers
and irrigation scheduling shall be recommended for crops
to receive irrigation. The use of a pre-sidedress nitrogen
test (PSNT) can help to determine nitrogen needs during
the growing period. In lieu of split applications, the
planner may recommend the application of the total
nitrogen requirement for spring-planted row crops within
one week prior to planting if at least 50% of the plant
available nitrogen requirement of the crop is supplied
with slowly available nitrogen sources.
f. Nutrient management plans shall include a statement
indicating that applications of inorganic nutrient sources,
liquid manure, liquid sewage sludge, or liquid industrial
waste are not to occur on frozen or snow-covered ground.
When ground is frozen, dry or semi-solid manures,
dewatered sludges, or dewatered industrial wastes may
only be applied if the field has: (i) slopes not greater than
6.0%; (ii) 60% uniform ground cover from crop residue
or an existing actively growing crop such as a small grain
or fescue with exposed plant height of three inches or
more; (iii) a minimum of a 200-foot vegetated or
adequate crop residue buffer between the application area
and all surface water courses; and (iv) soils characterized
by USDA as "well drained."
5. Application method for nutrients.
a. The application of nitrogen containing materials shall
be managed to minimize runoff, leaching and
volatilization losses.
b. Applications of liquid manures or sludges utilizing
irrigation shall not be recommended to be applied at
hydraulic rates above those contained in Virginia
Nutrient Management Standards and Criteria, revised
October 2005.
c. Plans shall not recommend liquid manure or sludge
application rates utilizing nonirrigation liquid spreading
equipment which exceed 14,000 gallons per acre
(approximately one-half (0.5) inch) per application. The
amount of liquid manure or sludge application in plans
will not exceed the hydraulic loading capacity of the soil
at the time of each application. If a subsequent pass
across a field is necessary to achieve the desired
application rate, the plan will allow for sufficient drying
time.
d. Where possible, the planner should recommend that
biosolids, industrial wastes and manures be incorporated
or injected in the crop root zone in order to reduce losses
of nitrogen to the atmosphere and to increase the plant
available nitrogen to phosphorus ratio of these nutrient
sources relative to crop nutrient needs. Lime stabilized
biosolids should not be injected due to the creation of a
localized band of high soil pH unless subsequent
practices are utilized, such as disking, in order to
adequately mix the soil.
e. The planner shall recommend setbacks around wells,
springs, surface waters, sinkholes, and rock outcrops
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1439
where manure, biosolids, or industrial waste should not
be applied. Such setbacks recommended shall be
consistent with criteria contained in Virginia Nutrient
Management Standards and Criteria, revised October
2005, unless alternative setbacks or buffers are specified
in regulations or permits pertaining to the site. For sites
impacted by other regulations or permits, the planner
shall include the setbacks and buffers specified in
regulations promulgated under § 32.1-164.5 of the Code
of Virginia for sewage sludge, § 62.1-44.17:1 of the
Code of Virginia for animal waste, § 62.1-44.17:1.1 of
the Code of Virginia for poultry waste, and Chapter 21
(§ 10.1-2100 et seq.) of Title 10.1 Article 2.5 (§ 62.1-
44.15:67 et seq.) of Chapter 3.1 of Title 62.1 of the Code
of Virginia for sites in Chesapeake Bay Preservation
areas, and permits for industrial waste land application.
The land area within setback and buffer areas shall be
deducted from field acreage to determine usable field
acreage for nutrient application in nutrient management
plans.
B. Manure production and utilization.
1. The planner shall estimate the annual manure quantity
produced on each farm utilizing tables and forms contained
in Virginia Nutrient Management Standards and Criteria,
revised October 2005, or from actual farm records of
manure pumped or hauled during a representative 12-
month period.
2. The nutrient management plan shall state the total
amount of manure produced and the amount that can be
used on the farm, utilizing the information and methods
provided in the Virginia Nutrient Management Standards
and Criteria, revised October 2005. The plan shall discuss
any excess manure and shall provide recommendations
concerning options for the proper use of such excess
manure.
C. Plans shall identify and address the protection from
nutrient pollution of environmentally sensitive sites.
D. Plan maintenance and revisions.
1. A site-specific nutrient management plan developed in
accordance with all requirements of these regulations,
including specified crops or crop rotations, shall provide
information on soil fertility and seasonal application of
required nutrients for one to five years of crop production.
Plans developed for a period of time greater than three
years and up to five years shall be limited to sites in
permanent pasture or continuous hay.
2. The plan shall state a need for immediate modification if
(i) animal numbers are to increase above the level specified
in the plan, (ii) animal types including intended market
weights are to be changed, (iii) additional imported
manure, biosolids, or industrial waste that was not
identified in the existing plan is to be applied to fields
under the control of the operator, or (iv) available land area
for the utilization of manure decreases below the level
necessary to utilize manure in the plan. The plan shall also
state a need for modification prior to subsequent nutrient
applications if cropping systems, rotations, or fields are
changed and phosphorus will be applied at levels greater
than crop nutrient needs based on soil analysis as
determined from procedures in Virginia Nutrient
Management Standards and Criteria, revised October 2005.
3. Adjustments to manure production and application
should be made if there are increases in animal numbers or
changes in how animal waste is stored or applied, or when
there are changes in nutrient content of manure resulting
from changing feed rations, animal types, or new sampling
and analysis for nutrient content and application rate
calculations.
4. Soil analysis shall be recommended for each field at
least once every three years to determine the soil fertility
and pH, and to update the nutrient management plan.
5. Manure analysis shall be recommended before field
application until a baseline nutrient content is established
for the specific manure type on the corresponding farm
operation. After a baseline nutrient content is established, a
manure analysis shall be recommended at least once every
three years for dry or semisolid manures, and at least once
every year for liquid manures.
6. Modified top dressing or sidedressing application rates
of nitrogen may be recommended if a pre-sidedress
nitrogen test (PSNT) administered during the growing
season indicates different levels of nitrogen than planning
time calculations if the use of the PSNT and interpretation
of the test results are consistent with Virginia Nutrient
Management Standards and Criteria, revised October 2005.
DOCUMENTS INCORPORATED BY REFERENCE
(4VAC5-15) (4VAC50-85)
Virginia Nutrient Management Standards and Criteria,
Department of Conservation and Recreation, Division of Soil
and Water Conservation, revised October 2005
Virginia Commercial Vegetable Production
Recommendations for 2005, Virginia Cooperative Extension
Service, Publication No. 456-420
Electronic Field Office Technical Guide, Natural Resources
Conservation Service, United States Department of
Agriculture
Methods of Soil Analysis, Part 3, Chemical Methods, 1996,
Soil Science Society of America/American Society of
Agronomy
Recommended Methods of Manure Analysis, publication
A3769, University of Wisconsin, 2003
Tucker, M.R. 1992. Determination of phosphorus by
Mehlich 3 extraction. pg. 6-8. In S.J. Donohue (Ed.)
Reference Soil and Media Diagnostic Procedures for the
Southern Region of the United States. Southern Cooperative
Series Bulletin No. 374
Regulations
Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014
1440
Virginia Phosphorus Index Version 2.0 Technical Guide,
Revised October 2005, Virginia Tech
VA.R. Doc. No. R14-3854; Filed January 2, 2014, 5:34 p.m.
––––––––––––––––––
TITLE 9. ENVIRONMENT
STATE AIR POLLUTION CONTROL BOARD
Fast-Track Regulation
Title of Regulation: 9VAC5-85. Permits for Stationary
Sources of Pollutants Subject to Regulation (Rev. H-12)
(amending 9VAC5-85-40, 9VAC5-85-50; adding 9VAC5-
85-55).
Statutory Authority: § 10.1-1308 of the Code of Virginia.
Public Hearing Information: No public hearings are
scheduled.
Public Comment Deadline: February 26, 2014.
Effective Date: March 13, 2014.
Agency Contact: Karen G. Sabasteanski, Department of
Environmental Quality, 629 East Main Street, P.O. Box 1105,
Richmond, VA 23218, telephone (804) 698-4426, FAX (804)
698-4510, TTY (804) 698-4021, or email
Basis: Section 10.1-1308 of the Virginia Air Pollution
Control Law (§ 10.1-1300 et seq. of the Code of Virginia)
authorizes the State Air Pollution Control Board to
promulgate regulations abating, controlling, and prohibiting
air pollution in order to protect public health and welfare.
Written assurance from the Office of the Attorney General
that the State Air Pollution Control Board possesses the
statutory authority to promulgate the proposed regulation
amendments is available upon request.
Federal Requirements. Section 110(a) of the federal Clean Air
Act mandates that each state adopt and submit to the
Environmental Protection Agency (EPA) a state
implementation plan (SIP) that provides for the
implementation, maintenance, and enforcement of each
primary and secondary air quality standard within each air
quality control region in the state. The SIP is adopted only
after reasonable public notice is given and public hearings are
held. The SIP must include provisions to establish, among
other tasks, programs for the regulation of the modification
and construction of any stationary source within areas
covered by the plan to assure the achievement of the ambient
air quality standards, including a permit program as required
by Part C of Title I of the Act.
The purpose of Part C, "Prevention of Significant
Deterioration of Air Quality," is to protect existing clean air
resources. Part C requires that the SIP include a prevention of
significant deterioration (PSD) program. That is, in areas that
are meeting the national ambient air quality standards
(NAAQS) (attainment), as well as in national parks and other
protected areas, the air quality may not deteriorate.
Sections 162 through 169B provide the details of how each
state's PSD program is to be designed and operated. Section
165, "Preconstruction Requirements," is the section of the Act
that deals with new source review (NSR) permit programs.
This section requires that sources obtain permits
demonstrating that they will not contribute to air pollution in
excess of that allowed by the Act. Section 165 specifies that
new sources locating in attainment areas must meet best
available control technology (BACT), which is defined in
§ 169.
40 CFR 51.166 contains the requirements for SIP-approved
state PSD programs, while 40 CFR 52.21 contains the
requirements for the issuance of PSD permits pursuant to
federal authority. Permitting for sources of greenhouse gases
is covered under 40 CFR 51.166 and 40 CFR 52.21 primarily
through the definition of "subject to regulation."
Virginia is a SIP-approved state for PSD, and therefore has
the authority to directly implement federal PSD regulations as
long as its rules are at least as protective as the federal rules
of 40 CFR 51.166. In its action of July 12, 2012, EPA revised
the provisions relating to PALs at 40 CFR 52.21(aa) and
provisions relating to the definition of "subject to regulation"
at 40 CFR 52.21(b)(49). These provisions only affect permits
issued under federal authority (i.e., those issued by the EPA
or a delegated state agency). By amending 40 CFR 52.21 and
not 40 CFR 51.166, EPA did not intend to affect existing
state authority to issue PAL permits and did not require
permitting authorities to take any action with respect to their
existing PAL regulations or any existing PAL permits.
Therefore, these revisions are not minimum program
requirements that must be adopted by states into their EPA-
approved SIP PSD permitting programs. Accordingly, EPA's
final rule does not adopt these changes into the existing PAL
provisions contained in 40 CFR 51.166, but states may adopt
these changes into their SIP-approved PAL program if they
so choose.
State Requirements. These specific amendments are not
required by state mandate. Rather, Virginia's Air Pollution
Control Law gives the State Air Pollution Control Board the
discretionary authority to promulgate regulations "abating,
controlling and prohibiting air pollution throughout or in any
part of the Commonwealth" (§ 10.1-1308 A of the Code of
Virginia). Section 10.1-1300 of Code of Virginia defines such
air pollution as "the presence in the outdoor atmosphere of
one or more substances which are or may be harmful or
injurious to human health, welfare or safety, to animal or
plant life, or to property, or which unreasonably interfere with
the enjoyment by the people or life or property."
Purpose: The regulation and the proposed amendments are
intended to achieve the following goals:
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Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014
1441
1. To protect public health and welfare with the least
possible cost and intrusiveness to the citizens and
businesses of the Commonwealth.
2. To prevent the construction, modification, or operation
of major facilities that will prevent or interfere with the
attainment or maintenance of any ambient air quality
standard.
3. To ensure that major new facilities or major
expansions to existing facilities will be designed, built,
and equipped to operate without causing or exacerbating
a violation of any ambient air quality standard.
4. To ensure that major new facilities or major
expansions to existing facilities will be designed, built,
and equipped to comply with case-by-case control
technology determinations and other requirements.
5. To ensure that there is no significant deterioration of
air quality in Virginia's national parks and throughout the
Commonwealth.
The PSD program is designed to protect air quality in areas
where the air is cleaner than required by the NAAQS. PSD's
primary control strategy is new source review. Prior to
construction or expansion of an industrial facility, a permit
must be issued that ensures that the facility will not emit
pollutants in sufficient quantity to make a significant
contribution to the deterioration of air quality or to violate the
NAAQS. The permit application and the department review
and analysis must be subject to a public hearing prior to
issuing the permit. The facility must use BACT to control
emissions.
On January 2, 2011, greenhouse gases (GHGs) became
"regulated air pollutants" and thus subject to NSR permitting
under the "Tailoring Rule." The Tailoring Rule was necessary
because the federal Clean Air Act applicability requirements
that determine which sources are subject to permitting are
based on annual potential emission rates of 100 or 250 tons
per year (tpy). Implementing these requirements for GHG-
emitting sources immediately after they became subject to
PSD requirements would have overwhelmed the capabilities
of state permitting authorities to issue permits, and as a result,
would have impeded the ability of sources to construct,
modify or operate.
The Tailoring Rule initially established two steps to
implement PSD. Tailoring Rule Step 1 began on January 2,
2011, and applies to sources subject to PSD due to their
emissions of other pollutants ("anyway" sources) and that had
the potential to emit 75,000 tpy CO2e (or increase emissions
by that amount for modifications). Tailoring Rule Step 2
began on July 1, 2011. In addition to anyway sources, Step 2
applies to new facilities emitting GHGs in excess of 100,000
tpy CO2e and facilities making changes that would increase
GHG emissions by at least 75,000 tpy CO2e, and that also
exceed 100/250 tpy of GHGs on a mass basis.
In the latest rulemaking, Step 3, EPA has continued to
identify and evaluate approaches to enable permitting
authorities to permit more GHG-emitting sources without
undue burden. EPA finalized a streamlining measure that
would revise the existing PAL permitting program to allow
permitting authorities to issue GHG PALs on either a mass
basis (tpy) or a CO2e basis, including the option to use the
CO2e-based increases provided in the subject to regulation
thresholds in setting the PAL, and to allow such PALs to be
used as an alternative approach for determining whether a
project is a major modification and whether GHG emissions
are subject to regulation. EPA also finalized the "minor
source approach," which allows permitting authorities to issue
GHG PALs to GHG-only sources without requiring the
source to undertake an action that would make GHGs subject
to regulation and bring the source into major stationary source
status under the Tailoring Rule. Thus, Step 3 of the Tailoring
Rule enables GHG-only sources to obtain a GHG PAL and
remain a minor source as long as their GHG emissions remain
below the PAL.
Adopting Step 3 of the federal GHG rules will streamline the
administration of Virginia's GHG PSD permitting program by
providing sources with a voluntary alternative approach for
controlling GHGs such that sources and the department can
address GHGs one time for a source rather than undergo
repeated subsequent permitting actions over a five-year
period.
Rationale for Using Fast-Track Process: EPA revised its
regulations to streamline PSD permitting programs by
allowing sources and the reviewing authority to voluntarily
address GHGs one time for a source and avoid repeated
subsequent permitting actions. It is in the best interests of the
regulated community, the department, and the public to have
permitting functions operate as cost-effectively and
efficiently as possible, and that encourage processes that
minimize harmful air pollution. If a GHG PAL would enable
a facility to better manage its GHG emissions, then the
department should provide the tools needed for them to avail
themselves of the process.
Substance: Provisions have been added to enable GHG PALs
to be established on a mass or a CO2e emissions basis, and to
allow a GHG-only source to submit an application for a
CO2e-based GHG PAL while maintaining its minor source
status.
Issues: The primary advantage to the public is more efficient
permitting, which is cost-effective, enables the better
provision of services, and may contribute to air quality
benefits. The primary advantage to the department is more
efficient permitting, which is cost-effective, enables the better
provision of services, and may contribute to air quality
benefits. There are no disadvantages to the public or the
department.
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Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014
1442
Department of Planning and Budget's Economic Impact
Analysis:
Summary of the Proposed Amendments to Regulation. The
U.S. Environmental Protection Agency recently promulgated
final amendments that would provide for a more streamlined
implementation of the federal program for establishing plant-
wide applicability limits (PALs) for greenhouse gases
(GHGs) emissions. Consequently, the Air Pollution Control
Board proposes to amend these regulations so as to streamline
prevention of significant deterioration (PSD) permitting
programs by allowing sources and the reviewing authority to
voluntarily address GHGs one time for a source and avoid
repeated subsequent permitting actions.
Result of Analysis. The benefits likely exceed the costs for all
proposed changes.
Estimated Economic Impact. Since a PAL provides extensive
operational flexibility, sources will not have to spend money
on obtaining permit modifications (about $7,000 per permit
amendment) for the PAL duration. Such cost savings will
depend on how frequently the source modifies its processes.
In turn, the Department of Environmental Quality will not
have to process many permit modifications, and may focus its
efforts on other facilities with a greater impact on the
environment. Avoiding PSD review also allows sources to
make the changes necessary to respond rapidly to market
conditions, while generally assuring the environment is
protected from adverse impacts from the change.
A PAL also results in significant environmental benefit by
providing the community with an understanding of the long-
term emissions impact from a facility, by preventing
"emissions creep," and by requiring enhanced monitoring,
recordkeeping and reporting provisions to demonstrate
compliance with the PAL. In order to operate within the PAL
emissions limit and maintain its PAL status, a facility is likely
to look for ways to improve its operations, thus likely
resulting in reduction of GHGs. Public health and welfare
may thus benefit from the more efficient and effective
management of GHG emissions.
Businesses and Entities Affected. Entities potentially affected
by the proposed amendments include electricity generators,
paper manufacturers, and landfills. In Virginia, there are
approximately 57 sources with estimated CO2 emissions over
100,000 tons per year. Since PALs are optional, sources may
or may not opt to apply for a PAL permit.
Localities Particularly Affected. The proposed amendment of
this regulation does not disproportionately affect any
particular localities.
Projected Impact on Employment. The proposed amendments
will reduce costs ($7,000) for entities such as some electricity
generators, paper manufacturers, and landfills which without
the amendments may have needed to have obtained permit
modifications. The reduced cost might have a small positive
impact on employment.
Effects on the Use and Value of Private Property. The
proposed amendments will reduce costs ($7,000) for entities
such as some electricity generators, paper manufacturers, and
landfills which without the amendments may have needed to
have obtained permit modifications.
Small Businesses: Costs and Other Effects. The proposed
amendment of this regulation will not increase costs for small
businesses.
Small Businesses: Alternative Method that Minimizes
Adverse Impact. The proposed repeal of this regulation does
not adversely affect small businesses.
Real Estate Development Costs. The proposed amendments
will not affect new real estate development, but may reduce
some costs (through not requiring additional permitting) with
changes at existing development.
Legal Mandate. The Department of Planning and Budget
(DPB) has analyzed the economic impact of this proposed
regulation in accordance with § 2.2-4007.04 of the
Administrative Process Act and Executive Order Number 14
(10). Section 2.2-4007.04 requires that such economic impact
analyses include, but need not be limited to, a determination
of the public benefit, the projected number of businesses or
other entities to whom the regulation would apply, the
identity of any localities and types of businesses or other
entities particularly affected, the projected number of persons
and employment positions to be affected, the projected costs
to affected businesses or entities to implement or comply with
the regulation, and the impact on the use and value of private
property. Further, if the proposed regulation has an adverse
effect on small businesses, § 2.2-4007.04 requires that such
economic impact analyses include (i) an identification and
estimate of the number of small businesses subject to the
regulation; (ii) the projected reporting, recordkeeping, and
other administrative costs required for small businesses to
comply with the regulation, including the type of professional
skills necessary for preparing required reports and other
documents; (iii) a statement of the probable effect of the
regulation on affected small businesses; and (iv) a description
of any less intrusive or less costly alternative methods of
achieving the purpose of the regulation. The analysis
presented above represents DPB's best estimate of these
economic impacts.
Agency's Response to Economic Impact Analysis: The
department has reviewed the economic impact analysis
prepared by the Department of Planning and Budget and has
no comment.
Summary:
The amendments (i) enable greenhouse gas (GHG)
plantwide applicability limits (PALs) to be established on a
mass or a carbon dioxide equivalent (CO2e) emissions
basis, (ii) allow a GHG-only source to submit an
application for a CO2e-based GHG PAL while maintaining
its minor source status, and (iii) add new definitions and
revise several existing ones.
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Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014
1443
Part III
Prevention of Significant Deterioration Permit Actions
9VAC5-85-40. Prevention of significant deterioration area
permit actions.
The requirements of Article 8 (9VAC5-80-1605 et seq.) of
Part II of 9VAC5-80 shall apply, except that the with the
following exceptions:
1. The terms defined shall have the meaning given to them
in this part.
2. The board, at its discretion, may apply the provisions of
9VAC5-85-55 in lieu of 9VAC5-80-1865 (Actuals
plantwide applicability limits (PALs)).
9VAC5-85-50. Definitions.
A. For the purpose of applying this part in the context of the
Regulations for the Control and Abatement of Air Pollution
and related uses, the words or terms shall have the meanings
given them in 9VAC5-80-1615 (Definitions), except for the
terms defined in subsection C of this section.
B. Unless otherwise required by context, all terms not
defined herein shall have the meanings given them in
9VAC5-10 (General Definitions) or 9VAC5-80-5
(Definitions), or commonly ascribed to them by recognized
authorities, in that order of priority.
C. Terms defined.
"Actuals PAL" means (i) for major stationary sources, a
PAL based on the baseline actual emissions of all emissions
units at the source that emit or have the potential to emit the
PAL pollutant or (ii) for GHG-only sources, a PAL based on
the baseline actual emissions of all emissions units at the
source, that emit or have the potential to emit GHGs.
"Allowable emissions" means the emissions rate of a
stationary source calculated using the maximum rated
capacity of the source (unless the source is subject to
federally enforceable limits that restrict the operating rate or
hours of operation, or both) and the most stringent of the
following:
1. The allowable emissions for any emissions unit as
calculated considering any emission limitations that are
enforceable as a practical matter on the emissions unit's
potential to emit; or
2. An emissions unit's potential to emit.
"Baseline actual emissions for a GHG PAL" means the
average rate, in tons per year CO2e or tons per year GHG, as
applicable, at which the emissions unit actually emitted
GHGs during any consecutive 24-month period selected by
the owner within the five-year period immediately preceding
either the date the owner begins actual construction of the
project or the date a complete permit application is received
by the board for a permit required under this part. For any
existing electric utility steam generating unit, baseline actual
emissions for a GHG PAL means the average rate, in tons per
year CO2e or tons per year GHG, as applicable, at which the
emissions unit actually emitted the GHGs during any
consecutive 24-month period selected by the owner within the
five-year period immediately preceding the date the owner
begins actual construction of the project. The board will allow
the use of a different time period upon a determination that it
is more representative of normal source operation.
1. The average rate shall include fugitive emissions to the
extent quantifiable, and emissions associated with startups,
shutdowns, and malfunctions.
2. The average rate shall be adjusted downward to exclude
any noncompliant emissions that occurred while the source
was operating above an emission limitation that was
legally enforceable during the consecutive 24-month
period.
3. The average rate shall be adjusted downward to exclude
any emissions that would have exceeded an emission
limitation with which the stationary source shall currently
comply, had such stationary source been required to
comply with such limitations during the consecutive 24-
month period.
4. The average rate shall not be based on any consecutive
24-month period for which there is inadequate information
for determining annual GHG emissions and for adjusting
this amount if required by subdivisions 2 and 3 of this
definition.
5. When a project involves multiple emissions units, only
one consecutive 24-month period shall be used to
determine the baseline actual emissions.
"Emissions unit" means any part of a stationary source that
emits or has the potential to emit GHGs. For purposes of
9VAC5-85-55, there are two types of emissions units: (i) a
new emissions unit is any emissions unit that is or will be
newly constructed and that has existed for less than two years
from the date such emissions unit first operated, and (ii) an
existing emissions unit is any emissions unit that does not
meet the definition of a new emissions unit.
"GHG-only source" means any existing stationary source
that emits or has the potential to emit GHGs in the amount
equal to or greater than the amount of GHGs on a mass basis
that would be sufficient for a new source to trigger permitting
requirements for GHGs under the definition of "major
stationary source" and the amount of GHGs on a CO2e basis
that would be sufficient for a new source to trigger permitting
requirements for GHGs under the definition of "subject to
regulation" at the time the PAL permit is being issued, but
does not emit or have the potential to emit any other non-
GHG regulated NSR pollutant at or above the applicable
major source threshold. A GHG-only source may only obtain
a PAL for GHG emissions under 9VAC5-85-55.
"Greenhouse gases (GHGs)" means the aggregate group of
six greenhouse gases: carbon dioxide, nitrous oxide, methane,
hydrofluorocarbons, perfluorocarbons, and sulfur
hexafluoride.
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"Major emissions unit" means (i) for any major stationary
source obtaining a GHG PAL issued on a mass basis, a major
emissions unit as defined in 9VAC5-80-1615 C or (ii) for a
GHG PAL issued on a CO2e basis, any emissions unit that
emits or has the potential to emit equal to or greater than the
amount of GHGs on a CO2e basis that would be sufficient for
a new source to trigger permitting requirements under the
definition of "subject to regulation" at the time the PAL
permit is being issued.
"Major stationary source" means a major stationary source
that is defined in and subject to Article 8 (9VAC5-80-1605 et
seq.) of 9VAC5-80 (Permits for Stationary Sources) and that
meets the definition of "subject to regulation."
"Minor source" means any stationary source that does not
meet either (i) the definition of "major stationary source" for
any pollutant at the time the PAL is issued or (ii) the
definition of "subject to regulation."
"Plantwide applicability limitation" or "PAL" means an
emission limitation expressed on a mass basis in tons per
year, or expressed in tons per year CO2e for a CO2e-based
GHG emission limitation, for a pollutant at a major stationary
source or GHG-only source, that is enforceable as a practical
matter and established source-wide in accordance with
9VAC5-85-55.
"PAL effective date" generally means the date of issuance of
the PAL permit. However, the PAL effective date for an
increased PAL is the date any emissions unit that is part of
the PAL major modification becomes operational and begins
to emit the PAL pollutant.
"PAL effective period" means the period beginning with the
PAL effective date and ending five years later.
"PAL major modification" means, notwithstanding the
definitions for "major modification" and "net emissions
increase" as defined in 9VAC5-80-1615 C and the definition
of "subject to regulation" of this section, any physical change
in or change in the method of operation of the PAL source
that causes it to emit the PAL pollutant at a level equal to or
greater than the PAL.
"PAL permit" means the major NSR permit, the state
operating permit, or the federal operating permit that
establishes a PAL for a major stationary source or a GHG-
only source.
"PAL pollutant" means the pollutant for which a PAL is
established at a major stationary source or a GHG-only
source. For a GHG-only source, the only available PAL
pollutant is greenhouse gases.
"Potential to emit" means the maximum capacity of a
stationary source to emit a pollutant under its physical and
operational design. Any physical or operational limitation on
the capacity of the source to emit a pollutant, including air
pollution control equipment and restrictions on hours of
operation or on the type or amount of material combusted,
stored, or processed, shall be treated as part of its design if the
limitation or the effect it would have on emissions is federally
enforceable or enforceable as a practical matter. Secondary
emissions do not count in determining the potential to emit of
a stationary source. For the purposes of actuals PALs, any
physical or operational limitation on the capacity of the
source to emit a pollutant, including air pollution control
equipment, and restrictions on hours of operation or on the
type or amount of material combusted, stored, or processed,
shall be treated as part of its design only if the limitation or
the effect it would have on emissions is federally enforceable
or enforceable as a practical matter by the state.
"Regulated NSR pollutant" means:
1. Any pollutant for which an ambient air quality standard
has been promulgated and any constituents or precursors
for such pollutants identified by the administrator (e.g.,
volatile organic compounds and NOX are precursors for
ozone);
2. Any pollutant that is subject to any standard
promulgated under § 111 of the federal Clean Air Act;
3. Any class I or II substance subject to a standard
promulgated under or established by Title VI of the federal
Clean Air Act; or
4. Any pollutant that otherwise is subject to regulation
under the federal Clean Air Act as defined in the definition
of "subject to regulation."
5. Notwithstanding subdivisions 1 through 4 of this
definition, the term "regulated NSR pollutant" shall not
include any or all hazardous air pollutants either listed in
§ 112 of the federal Clean Air Act, or added to the list
pursuant to § 112(b)(2) of the federal Clean Air Act, and
which have not been delisted pursuant to § 112(b)(3) of the
federal Clean Air Act, unless the listed hazardous air
pollutant is also regulated as a constituent or precursor of a
general pollutant listed under § 108 of the federal Clean
Air Act.
"Significant emissions unit" means (i) for a GHG PAL
issued on a mass basis, an emissions unit that emits or has the
potential to emit a PAL pollutant in an amount that is equal to
or greater than the significant level for that PAL pollutant, but
less than the amount that would qualify the unit as a major
emissions unit or (ii) for a GHG PAL issued on a CO2e basis,
any emissions unit that emits or has the potential to emit
GHGs on a CO2e basis in amounts equal to or greater than the
amount that would qualify the unit as small emissions unit,
but less than the amount that would qualify the unit as a
major emissions unit.
"Small emissions unit" means (i) for a GHG PAL issued on
a mass basis, an emissions unit that emits or has the potential
to emit the PAL pollutant in an amount less than the
significant level for that PAL pollutant, as defined in this
section or in the federal Clean Air Act, whichever is lower or
(ii) for a GHG PAL issued on a CO2e basis, an emissions unit
that emits or has the potential to emit less than the amount of
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GHGs on a CO2e basis defined as "significant" for the
purposes of subdivision 3 of the definition of "subject to
regulation" at the time the PAL permit is being issued.
"Subject to regulation" means, for any air pollutant, that the
pollutant is subject to either a provision in the federal Clean
Air Act, or a nationally applicable regulation codified by the
administrator in Subchapter C of 40 CFR Chapter I, that
requires actual control of the quantity of emissions of that
pollutant, and that such a control requirement has taken effect
and is operative to control, limit or restrict the quantity of
emissions of that pollutant released from the regulated
activity. The following exceptions shall apply:
1. GHGs shall not be subject to regulation except as
provided in subdivisions 4 and 5 of this definition and shall
not be subject to regulation if the stationary source
maintains its total source-wide emissions below the GHG
PAL level, meets the requirements of 9VAC5-95-55, and
complies with the PAL permit containing the GHG PAL.
A GHG-only source with a valid CO2e-based GHG PAL
shall be considered to be a minor source for GHG.
2. For purposes of subdivisions 3 through 5 of this
definition, the term "tpy CO2 equivalent emissions (CO2e)"
shall represent an amount of GHGs emitted, and shall be
computed as follows:
a. Multiplying the mass amount of emissions (tpy), for
each of the six greenhouse gases in the pollutant GHGs,
by the gas's associated global warming potential
published at Table A-1 to Subpart A of 40 CFR Part 98.
For purposes of this subdivision, prior to July 21, 2014,
the mass of the greenhouse gas carbon dioxide shall not
include carbon dioxide emissions resulting from the
combustion or decomposition of nonfossilized and
biodegradable organic material originating from plants,
animals, or micro-organisms (including products,
byproducts, residues, and waste from agriculture,
forestry, and related industries as well as the
nonfossilized and biodegradable organic fractions of
industrial and municipal wastes, including gases and
liquids recovered from the decomposition of
nonfossilized and biodegradable organic material).
b. Sum the resultant value from subdivision a of this
subdivision for each gas to compute a tpy CO2e.
3. The term "emissions increase" as used in subdivisions 4
and 5 of this definition shall mean that both a significant
emissions increase (as calculated using the procedures in
9VAC5-80-1605 G) and a significant net emissions
increase (as defined in 9VAC5-80-1615 C) occur. For the
pollutant GHGs, an emissions increase shall be based on
tpy CO2e, and shall be calculated assuming the pollutant
GHGs is a regulated NSR pollutant, and "significant" is
defined as 75,000 tpy CO2e instead of applying the value
in subdivision b of the definition of "significant" in
9VAC5-80-1615 C.
4. Beginning January 2, 2011, the pollutant GHGs is
subject to regulation if:
a. The stationary source is a new major stationary source
for a regulated NSR pollutant that is not GHGs, and also
will emit or will have the potential to emit 75,000 tpy
CO2e or more; or
b. The stationary source is an existing major stationary
source for a regulated NSR pollutant that is not GHGs,
and also will have an emissions increase of a regulated
NSR pollutant, and an emissions increase of 75,000 tpy
CO2e or more.
5. Beginning July 1, 2011, in addition to the provisions in
subdivision 4 of this definition, the pollutant GHGs shall
also be subject to regulation:
a. At a new stationary source that will emit or have the
potential to emit 100,000 tpy CO2e; or
b. At an existing stationary source that emits or has the
potential to emit 100,000 tpy CO2e, when such stationary
source undertakes a physical change or change in the
method of operation that will result in an emissions
increase of 75,000 tpy CO2e or more.
9VAC5-85-55. Actuals plantwide applicability limits
(PALs).
A. The following applicability requirements shall apply:
1. The board may approve the use of an actuals PAL for
GHGs on either a mass basis or a CO2e basis for any
existing major stationary source or any existing GHG-only
source if the PAL meets the requirements of this section.
The term "PAL" shall mean "actuals PAL" throughout this
section.
2. Any physical change in or change in the method of
operation of a major stationary source or a GHG-only
source that maintains its total source-wide emissions below
the PAL level, meets the requirements of this section, and
complies with the PAL permit:
a. Is not a major modification for the PAL pollutant;
b. Does not have to be approved through Article 8
(9VAC5-80-1605 et seq.) of Part II of 9VAC5-80
(Permits for Stationary Sources) or this part;
c. Is not subject to the provisions of 9VAC5-80-1605 C
(restrictions on relaxing enforceable emission limitations
that the major stationary source used to avoid
applicability of the major NSR program); and
d. Does not make GHGs subject to regulation.
3. Except as provided under subdivision 2 c of this
subsection, a major stationary source or a GHG-only
source shall continue to comply with all applicable federal
or state requirements, emission limitations, and work
practice requirements that were established prior to the
effective date of the PAL.
B. As part of a permit application requesting a PAL, the
owner of a major stationary source or a GHG-only source
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shall submit the following information to the board for
approval:
1. A list of all emissions units at the source designated as
small, significant, or major based on their potential to emit.
In addition, the owner of the source shall indicate which, if
any, federal or state applicable requirements, emission
limitations, or work practices apply to each unit.
2. Calculations of the baseline actual emissions, with
supporting documentation. Baseline actual emissions are to
include emissions associated not only with operation of the
unit, but also emissions associated with startup, shutdown,
and malfunction.
3. The calculation procedures that the owner proposes to
use to convert the monitoring system data to monthly
emissions and annual emissions based on a 12-month
rolling total for each month as required by subdivision M 1
of this section.
4. As part of a permit application requesting a GHG PAL,
the owner of a major stationary source or a GHG-only
source shall submit a statement by the owner that clarifies
whether the source is an existing major source as defined
in the definition of "major stationary source" or a GHG-
only source.
C. The board may establish a PAL at a major stationary
source or a GHG-only source, provided that at a minimum,
the following requirements are met. At no time during or after
the PAL effective period are emissions reductions of a PAL
pollutant that occur during the PAL effective period
creditable as decreases for purposes of offsets under 9VAC5-
80-2120 F through L unless the level of the PAL is reduced
by the amount of such emissions reductions and such
reductions would be creditable in the absence of the PAL.
1. The PAL shall impose an annual emission limitation
expressed on a mass basis in tons per year, or expressed in
tons per year CO2e, that is enforceable as a practical
matter, for the entire major stationary source or GHG-only
source. For each month during the PAL effective period
after the first 12 months of establishing a PAL, the major
stationary source or GHG-only source owner shall show
that the sum of the monthly emissions from each emissions
unit under the PAL for the previous 12 consecutive months
is less than the PAL (a 12-month average, rolled monthly).
For each month during the first 11 months from the PAL
effective date, the major stationary source or GHG-only
source owner shall show that the sum of the preceding
monthly emissions from the PAL effective date for each
emissions unit under the PAL is less than the PAL.
2. The PAL shall be established in a PAL permit that meets
the public participation requirements in subsection D of
this section.
3. The PAL permit shall contain all the requirements of
subsection F of this section.
4. The PAL shall include fugitive emissions, to the extent
quantifiable, from all emissions units that emit or have the
potential to emit the PAL pollutant at the major stationary
source or GHG-only source.
5. Each PAL shall regulate emissions of only one pollutant.
6. Each PAL shall have a PAL effective period of five
years.
7. The owner of the major stationary source or GHG-only
source with a PAL shall comply with the monitoring,
recordkeeping, and reporting requirements provided in
subsections L through N of this section for each emissions
unit under the PAL through the PAL effective period.
D. PALs for existing major stationary sources or GHG-only
sources shall be established, renewed, or increased through
the public participation procedures prescribed in the
applicable permit programs identified in the definition of
"PAL permit." This includes the requirement that the board
provide the public with notice of the proposed approval of a
PAL permit and at least a 30-day period for submittal of
public comment. The board will address all material
comments before taking final action on the permit.
E. Setting the five-year actuals PAL level shall be
accomplished as follows:
1. Except as provided in subdivisions 2 and 3 of this
subsection, the actuals PAL level on a mass basis for a
major stationary source or a GHG-only source shall be
established as the sum of the baseline actual emissions of
the PAL pollutant for each emissions unit at the source,
plus an amount equal to the applicable significant level for
the PAL pollutant under the definition of "significant" in
9VAC5-80-1615.
2. For newly constructed units, which do not include
modifications to existing units, on which actual
construction began after the 24-month period, in lieu of
adding the baseline actual emissions as specified in
subdivision 1 of this subsection, the emissions shall be
added to the PAL level in an amount equal to the potential
to emit of the units.
3. For a CO2e based GHG PAL, the actuals PAL level shall
be established as the sum of the GHGs baseline actual
emissions of GHGs for each emissions unit at the source,
plus an amount equal to the amount defined as significant
on a CO2e basis for the purposes of subdivision 3 of the
definition of "subject to regulation" at the time the PAL
permit is being issued. When establishing the actuals PAL
level for a CO2e-based PAL, only one consecutive 24-
month period shall be used to determine the baseline actual
emissions for all existing emissions units. Emissions
associated with units that were permanently shut down
after this 24-month period shall be subtracted from the
PAL level. The board will specify a reduced PAL level (in
tons per year CO2e) in the PAL permit to become effective
on the future compliance date of any applicable federal or
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state regulatory requirement that the board is aware of
prior to issuance of the PAL permit.
F. The PAL permit shall contain, at a minimum, the
following information:
1. The PAL pollutant and the applicable source-wide
emission limitation in tons per year CO2e.
2. The PAL permit effective date and the expiration date of
the PAL (PAL effective period).
3. Specification in the PAL permit that if a major
stationary source or a GHG-only source owner applies to
renew a PAL in accordance with subsection J of this
section before the end of the PAL effective period, then the
PAL shall not expire at the end of the PAL effective
period. It shall remain in effect until a revised PAL permit
is issued by the board.
4. A requirement that emission calculations for compliance
purposes shall include emissions from startups, shutdowns,
and malfunctions.
5. A requirement that, once the PAL expires, the major
stationary source or GHG-only source is subject to the
requirements of subdivision I of this section.
6. The calculation procedures that the major stationary
source or GHG-only source owner shall use to convert the
monitoring system data to monthly emissions and annual
emissions based on a 12-month rolling total as required by
subdivision M 1 of this section.
7. A requirement that the GHG-only source owner shall
monitor all emissions units in accordance with the
provisions under subsection L of this section.
8. A requirement to retain the records required under
subsection M of this section on site. Such records may be
retained in an electronic format.
9. A requirement to submit the reports required under
subsection N of this section by the required deadlines.
10. Any other requirements that the board deems necessary
to implement and enforce the PAL.
11. A permit for a GHG PAL issued to a GHG-only source
shall also include a statement denoting that GHG emissions
at the source will not be subject to regulation as long as the
source complies with the PAL.
G. The PAL effective period shall be five years.
H. The following requirements for reopening the PAL
permit shall apply:
1. During the PAL effective period the board will reopen
the PAL permit to:
a. Correct typographical or calculation errors made in
setting the PAL or reflect a more accurate determination
of emissions used to establish the PAL;
b. Reduce the PAL if the owner creates creditable
emissions reductions for use as offsets under 9VAC5-80-
2120 F through N; and
c. Revise the PAL to reflect an increase in the PAL as
provided under subsection K of this section.
2. The board may reopen the PAL permit for the following
reasons:
a. Reduce the PAL to reflect newly applicable federal
requirements (for example, NSPS) with compliance dates
after the PAL effective date; and
b. Reduce the PAL consistent with any other requirement
that is enforceable as a practical matter and that the board
may impose on the major stationary source or GHG-only
source.
3. Except for the permit reopening in subdivision 1 a of
this subsection for the correction of typographical or
calculation errors that do not increase the PAL level, all
other reopenings shall be carried out in accordance with
the public participation requirements of subsection D of
this section.
I. Any PAL that is not renewed in accordance with the
procedures in subsection J of this section shall expire at the
end of the PAL effective period, and the following
requirements shall apply:
1. Each emissions unit or each group of emissions units
that existed under the PAL shall comply with an allowable
emission limitation under a revised permit established
according to the following procedures:
a. Within the time frame specified for PAL renewals in
subdivision J 2 of this section, the major stationary
source or GHG-only source shall submit a proposed
allowable emission limitation for each emissions unit (or
each group of emissions units, if such a distribution is
more appropriate as decided by the board) by distributing
the PAL allowable emissions for the major stationary
source or GHG-only source among each of the emissions
units that existed under the PAL. If the PAL had not yet
been adjusted for an applicable requirement that became
effective during the PAL effective period, as required
under subdivision J 5 of this section, such distribution
shall be made as if the PAL had been adjusted.
b. The board will decide whether and how the PAL
allowable emissions will be distributed and issue a
revised permit incorporating allowable limits for each
emissions unit, or each group of emissions units, as the
board determines is appropriate.
2. Each emissions unit shall comply with the allowable
emission limitation on a 12-month rolling basis. The board
may approve the use of monitoring systems (source testing,
emission factors, etc.) other than CEMS, CERMS, PEMS,
or CPMS to demonstrate compliance with the allowable
emission limitation.
3. Until the board issues the revised permit incorporating
allowable limits for each emissions unit, or each group of
emissions units, as required under subdivision 1 b of this
subsection, the source shall continue to comply with a
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source-wide, multi-unit emissions cap equivalent to the
level of the PAL emission limitation.
4. Any physical change or change in the method of
operation at the major stationary source or GHG-only
source shall be subject to major NSR requirements if such
change meets the definition of "major modification" in
9VAC5-80-1615 C.
5. The major stationary source or GHG-only source owner
shall continue to comply with any state or federal
applicable requirements (such as BACT, RACT, NSPS)
that may have applied either during the PAL effective
period or prior to the PAL effective period except for those
emission limitations that had been established pursuant to
9VAC5-80-1605 C, but were eliminated by the PAL in
accordance with the provisions in subdivision A 2 c of this
section.
J. PALs shall be renewed as follows:
1. The board will follow the procedures specified in
subsection D of this section in approving any request to
renew a PAL for a major stationary source or a GHG-only
source and will provide both the proposed PAL level and a
written rationale for the proposed PAL level to the public
for review and comment. During such public review, any
person may propose a PAL level for the source for
consideration by the board.
2. A major stationary source or a GHG-only source owner
shall submit a timely application to the board to request
renewal of a PAL. A timely application is one that is
submitted at least six months prior to, but not earlier than
18 months from, the date of permit expiration. This
deadline for application submittal is to ensure that the
permit will not expire before the permit is renewed. If the
owner of a major stationary source or a GHG-only source
submits a complete application to renew the PAL within
this time period, then the PAL shall continue to be
effective until the revised permit with the renewed PAL is
issued.
3. The application to renew a PAL permit shall contain the
following information:
a. The information required in subdivisions B 1 through 3
of this section.
b. A proposed PAL level.
c. The sum of the potential to emit of all emissions units
under the PAL (with supporting documentation).
d. Any other information the owner wishes the board to
consider in determining the appropriate level for
renewing the PAL.
4. In determining whether and how to adjust the PAL, the
board will consider the following options; however, in no
case may any such adjustment fail to comply with
subdivision 4 c of this subsection:
a. If the emissions level calculated in accordance with
subsection E of this section is equal to or greater than
80% of the PAL level, the board may renew the PAL at
the same level without considering the factors set forth in
subdivision 4 b of this subsection; or
b. The board may set the PAL at a level that it determines
to be more representative of the source's baseline actual
emissions, or that it determines to be more appropriate
considering air quality needs, advances in control
technology, anticipated economic growth in the area,
desire to reward or encourage the source's voluntary
emissions reductions, or other factors as specifically
identified by the board in its written rationale.
c. Notwithstanding subdivisions 4 a and b of this
subsection (i) if the potential to emit of the major
stationary source or GHG-only source is less than the
PAL, the board will adjust the PAL to a level no greater
than the potential to emit of the source and (ii) the board
will not approve a renewed PAL level higher than the
current PAL, unless the major stationary source or GHG-
only source has complied with the provisions of
subsection J of this section.
5. If the compliance date for a state or federal requirement
that applies to the PAL source occurs during the PAL
effective period, and if the board has not already adjusted
for such requirement, the PAL shall be adjusted at the time
of PAL permit renewal or federal operating permit
renewal, whichever occurs first.
K. A PAL may be increased during the PAL effective period
as follows:
1. The board may increase a PAL emission limitation only
if the major stationary source or GHG-only source
complies with the following provisions:
a. The owner of the major stationary source or GHG-only
source shall submit a complete application to request an
increase in the PAL limit for a PAL major modification.
Such application shall identify the emissions units
contributing to the increase in emissions so as to cause
the GHG-only source's emissions to equal or exceed its
PAL.
b. As part of this application, the major stationary source
or GHG-only source owner shall demonstrate that the
sum of the baseline actual emissions of the small
emissions units, plus the sum of the baseline actual
emissions of the significant and major emissions units
assuming application of BACT equivalent controls, plus
the sum of the allowable emissions of the new or
modified emissions units exceeds the PAL. The level of
control that would result from BACT equivalent controls
on each significant or major emissions unit shall be
determined by conducting a new BACT analysis at the
time the application is submitted, unless the emissions
unit is currently required to comply with a BACT or
LAER requirement that was established within the
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preceding 10 years. In such a case, the assumed control
level for that emissions unit shall be equal to the level of
BACT or LAER with which that emissions unit shall
currently comply.
c. The owner obtains a major NSR permit for all
emissions units identified in subdivision 1 a of this
subsection, regardless of the magnitude of the emissions
increase resulting from them (that is, no significant levels
apply). These emissions units shall comply with any
emissions requirements resulting from the major NSR
process (for example, BACT), even though they have
also become subject to the PAL or continue to be subject
to the PAL.
2. The PAL permit shall require that the increased PAL
level shall be effective on the day any emissions unit that is
part of the PAL major modification becomes operational
and begins to emit the PAL pollutant.
3. The board will calculate the new PAL as the sum of the
allowable emissions for each modified or new emissions
unit, plus the sum of the baseline actual emissions of the
significant and major emissions units (assuming
application of BACT equivalent controls as determined in
accordance with subdivision 1 b of this subsection), plus
the sum of the baseline actual emissions of the small
emissions units.
4. The PAL permit shall be revised to reflect the increased
PAL level pursuant to the public notice requirements of
subsection D of this section.
L. Monitoring requirements for PALs shall be as follows:
1. The following general requirements apply:
a. Each PAL permit shall contain enforceable
requirements for the monitoring system that accurately
determines plantwide emissions of the PAL pollutant in
terms of CO2e per unit of time. Any monitoring system
authorized for use in the PAL permit shall be based on
sound science and meet generally acceptable scientific
procedures for data quality and manipulation.
Additionally, the information generated by such system
shall meet minimum legal requirements for admissibility
in a judicial proceeding to enforce the PAL permit.
b. The PAL monitoring system shall employ one or more
of the four general monitoring approaches meeting the
minimum requirements set forth in subdivision 2 of this
subsection and shall be approved by the board.
c. Notwithstanding subdivision 1 b of this subsection, the
owner may also employ an alternative monitoring
approach that meets subdivision 1 a of this subsection if
approved by the board.
d. Failure to use a monitoring system that meets the
requirements of this subsection renders the PAL invalid.
2. The following are acceptable general monitoring
approaches when conducted in accordance with the
following minimum requirements:
a. Mass balance calculations for activities using coatings
or solvents;
b. CEMS;
c. CPMS or PEMS; and
d. Emission factors.
3. An owner using mass balance calculations to monitor
PAL pollutant emissions from activities using coating or
solvents shall meet the following requirements:
a. Provide a demonstrated means of validating the
published content of the PAL pollutant that is contained
in or created by all materials used in or at the emissions
unit;
b. Assume that the emissions unit emits all of the PAL
pollutant that is contained in or created by any raw
material or fuel used in or at the emissions unit, if it
cannot otherwise be accounted for in the process; and
c. Where the vendor of a material or fuel, which is used
in or at the emissions unit, publishes a range of pollutant
content from such material, the owner shall use the
highest value of the range to calculate the PAL pollutant
emissions unless the board determines there is site-
specific data or a site-specific monitoring program to
support another content within the range.
4. An owner using CEMS to monitor PAL pollutant
emissions shall meet the following requirements:
a. CEMS shall comply with applicable Performance
Specifications found in Appendix B to 40 CFR Part 60;
and
b. CEMS shall sample, analyze, and record data at least
every 15 minutes while the emissions unit is operating.
5. An owner using CPMS or PEMS to monitor PAL
pollutant emissions shall meet the following requirements:
a. The CPMS or the PEMS shall be based on current site-
specific data demonstrating a correlation between the
monitored parameters and the PAL pollutant emissions
across the range of operation of the emissions unit; and
b. Each CPMS or PEMS shall sample, analyze, and
record data at least every 15 minutes, or at another less
frequent interval approved by the board, while the
emissions unit is operating.
6. An owner using emission factors to monitor PAL
pollutant emissions shall meet the following requirements:
a. All emission factors shall be adjusted, if appropriate, to
account for the degree of uncertainty or limitations in the
factors' development;
b. The emissions unit shall operate within the designated
range of use for the emission factor, if applicable; and
c. If technically practicable, the owner of a significant
emissions unit that relies on an emission factor to
calculate PAL pollutant emissions shall conduct
validation testing to determine a site-specific emission
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factor within six months of PAL permit issuance, unless
the board determines that testing is not required.
7. A source owner shall record and report maximum
potential emissions without considering enforceable
emission limitations or operational restrictions for an
emissions unit during any period of time that there is no
monitoring data, unless another method for determining
emissions during such periods is specified in the PAL
permit.
8. Notwithstanding the requirements in subdivisions 3
through 7 of this subsection, where an owner of an
emissions unit cannot demonstrate a correlation between
the monitored parameters and the PAL pollutant emissions
rate at all operating points of the emissions unit, the board
will, at the time of permit issuance:
a. Establish default values for determining compliance
with the PAL based on the highest potential emissions
reasonably estimated at such operating points; or
b. Determine that operation of the emissions unit during
operating conditions when there is no correlation
between monitored parameters and the PAL pollutant
emissions is a violation of the PAL.
9. All data used to establish the PAL pollutant shall be
revalidated through performance testing or other
scientifically valid means approved by the board. Such
testing shall occur at least once every five years after
issuance of the PAL.
M. Recordkeeping requirements shall be as follows:
1. The PAL permit shall require the owner to retain a copy
of all records necessary to determine compliance with any
requirement of this section and of the PAL, including a
determination of each emissions unit's 12-month rolling
total emissions, for five years from the date of such record.
2. The PAL permit shall require the owner to retain a copy
of the following records for the duration of the PAL
effective period plus five years:
a. A copy of the PAL permit application and any
applications for revisions to the PAL; and
b. Each annual certification of compliance pursuant to
the federal operating permit program and the data relied
on in certifying the compliance.
N. The owner shall submit semi-annual monitoring reports and
prompt deviation reports to the board in accordance with the
federal operating permit program. The reports shall meet the
following requirements:
1. The semi-annual report shall be submitted to the board
within 30 days of the end of each reporting period. This
report shall contain the following information:
a. The identification of owner and the permit number.
b. Total annual emissions (expressed on a mass-basis in
tons per year, or expressed in tons per year CO2e) based
on a 12-month rolling total for each month in the
reporting period recorded pursuant to subdivision M 1 of
this section.
c. All data relied upon, including, but not limited to, any
quality assurance or quality control data, in calculating
the monthly and annual PAL pollutant emissions.
d. A list of any emissions units modified or added to the
major stationary source or GHG-only source during the
preceding six-month period.
e. The number, duration, and cause of any deviations or
monitoring malfunctions (other than the time associated
with zero and span calibration checks), and any
corrective action taken.
f. A notification of a shutdown of any monitoring system,
whether the shutdown was permanent or temporary, the
reason for the shutdown, the anticipated date that the
monitoring system will be fully operational or replaced
with another monitoring system, and whether the
emissions unit monitored by the monitoring system
continued to operate, and the calculation of the emissions
of the pollutant or the number determined by method
included in the permit, as provided by subdivision L 7 of
this section.
g. A signed statement by the responsible official (as
defined by the federal operating permit program)
certifying the truth, accuracy, and completeness of the
information provided in the report.
2. The major stationary source or GHG-only source owner
shall promptly submit reports of any deviations or
exceedance of the PAL requirements, including periods
where no monitoring is available. A report submitted
pursuant to 9VAC5-80-110 F 2 b shall satisfy this
reporting requirement. The deviation reports shall be
submitted within the time limits prescribed by the
applicable program implementing 9VAC5-80-110 F 2 b.
The reports shall contain the following information:
a. The identification of owner and the permit number;
b. The PAL requirement that experienced the deviation
or that was exceeded;
c. Emissions resulting from the deviation or the
exceedance; and
d. A signed statement by the responsible official (as
defined by the federal operating permit program)
certifying the truth, accuracy, and completeness of the
information provided in the report.
3. The owner shall submit to the board the results of any
revalidation test or method within three months after
completion of such test or method.
O. The board will not issue a PAL that does not comply with
the requirements of this part after March 13, 2014. The board
may supersede any PAL that was established prior to March 13,
2014, with a PAL that complies with the requirements of this
section.
VA.R. Doc. No. R14-3397; Filed December 30, 2013, 12:53 p.m.
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Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014
1451
STATE WATER CONTROL BOARD
Final Regulation
REGISTRAR'S NOTICE: The State Water Control Board is
claiming an exemption from Article 2 of the Administrative
Process Act in accordance with (i) § 2.2-4006 A 3 of the
Code of Virginia, which excludes regulations that consist
only of changes in style or form or corrections of technical
errors; (ii) § 2.2-4006 A 4 a of the Code of Virginia, which
excludes regulations that are necessary to conform to changes
in Virginia statutory law where no agency discretion is
involved; and (iii) § 2.2-4006 A 4 c of the Code of Virginia,
which excludes regulations that are necessary to meet the
requirements of federal law or regulations provided such
regulations do not differ materially from those required by
federal law or regulation. The State Water Control Board will
receive, consider, and respond to petitions by any interested
person at any time with respect to reconsideration or revision.
Title of Regulation: 9VAC25-31. Virginia Pollutant
Discharge Elimination System (VPDES) Permit
Regulation (amending 9VAC25-31-10, 9VAC25-31-25,
9VAC25-31-30, 9VAC25-31-50, 9VAC25-31-200,
9VAC25-31-300, 9VAC25-31-310).
Statutory Authority: § 62.1-44.15 of the Code of Virginia;
§ 402 of the Clean Water Act; 40 CFR Parts 122, 123, 124,
403, and 503.
Effective Date: February 26, 2014.
Agency Contact: Frederick Cunningham, Department of
Environmental Quality, 629 East Main Street, P.O. Box 1105,
Richmond, VA 23218, telephone (804) 698-4285, FAX (804)
698-4032, TTY (804) 698-4021, or email
Background: The Virginia Pollutant Discharge Elimination
System (VPDES) permit regulation governs the discharge of
pollutants from various sources into state waters. The State
Water Control Board has the authority to administer the
federal National Pollutant Discharge Elimination System
(NPDES) program within the Commonwealth, and as such,
the program is called the VPDES. Operations subject to these
regulations are required to be covered under the (VPDES)
Permit Regulation (9VAC25-31) or VPDES General Permit
Regulation (9VAC25-191) if they discharge.
Summary:
The amendments (i) incorporate into VPDES regulations
recent changes to 40 CFR 122.26, to 40 CFR Parts 449
and 451, and to §§ 54.1-2301 and 62.1-44.5 of the Code of
Virginia and (ii) update the regulation to allow the use of
the latest versions of federal effluent guidelines.
Part I
Definitions and General Program Requirements
9VAC25-31-10. Definitions.
"Act" means Federal Water Pollution Control Act, also
known as the Clean Water Act (CWA), as amended, 33 USC
§ 1251 et seq.
"Administrator" means the Administrator of the United
States Environmental Protection Agency, or an authorized
representative.
"Animal feeding operation" or "AFO" means a lot or facility
(other than an aquatic animal production facility) where the
following conditions are met: (i) animals (other than aquatic
animals) have been, are, or will be stabled or confined and fed
or maintained for a total of 45 days or more in any 12-month
period, and (ii) crops, vegetation forage growth, or post-
harvest residues are not sustained in the normal growing
season over any portion of the lot or facility.
"Applicable standards and limitations" means all state,
interstate, and federal standards and limitations to which a
discharge, a sewage sludge use or disposal practice, or a
related activity is subject under the CWA (33 USC § 1251 et
seq.) and the law, including effluent limitations, water quality
standards, standards of performance, toxic effluent standards
or prohibitions, best management practices, pretreatment
standards, and standards for sewage sludge use or disposal
under §§ 301, 302, 303, 304, 306, 307, 308, 403 and 405 of
CWA.
"Approval authority" means the Director of the Department
of Environmental Quality.
"Approved POTW Pretreatment Program" or "Program" or
"POTW Pretreatment Program" means a program
administered by a POTW that meets the criteria established in
Part VII (9VAC25-31-730 et seq.) of this chapter and which
has been approved by the director or by the administrator in
accordance with 9VAC25-31-830.
"Approved program" or "approved state" means a state or
interstate program which has been approved or authorized by
EPA under 40 CFR Part 123.
"Aquaculture project" means a defined managed water area
which uses discharges of pollutants into that designated area
for the maintenance or production of harvestable freshwater,
estuarine, or marine plants or animals.
"Average monthly discharge limitation" means the highest
allowable average of daily discharges over a calendar month,
calculated as the sum of all daily discharges measured during
a calendar month divided by the number of daily discharges
measured during that month.
"Average weekly discharge limitation" means the highest
allowable average of daily discharges over a calendar week,
calculated as the sum of all daily discharges measured during
a calendar week divided by the number of daily discharges
measured during that week.
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"Best management practices (BMPs)" or "BMPs" means
schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to implement the
prohibitions listed in 9VAC25-31-770 and to prevent or
reduce the pollution of surface waters. BMPs also include
treatment requirements, operating procedures, and practices
to control plant site run-off, spillage or leaks, sludge or waste
disposal, or drainage from raw material storage.
"Biosolids" means a sewage sludge that has received an
established treatment and is managed in a manner to meet the
required pathogen control and vector attraction reduction, and
contains concentrations of regulated pollutants below the
ceiling limits established in 40 CFR Part 503 and 9VAC25-
31-540, such that it meets the standards established for use of
biosolids for land application, marketing, or distribution in
accordance with this chapter. Liquid biosolids contains less
than 15% dry residue by weight. Dewatered biosolids
contains 15% or more dry residue by weight.
"Board" means the Virginia State Water Control Board or
State Water Control Board.
"Bypass" means the intentional diversion of waste streams
from any portion of a treatment facility.
"Class I sludge management facility" means any POTW
identified under Part VII (9VAC25-31-730 et seq.) of this
chapter as being required to have an approved pretreatment
program and any other treatment works treating domestic
sewage classified as a Class I sludge management facility by
the regional administrator, in conjunction with the director,
because of the potential for its sludge use or disposal
practices to adversely affect public health and the
environment.
"Concentrated animal feeding operation" or "CAFO" means
an AFO that is defined as a Large CAFO or as a Medium
CAFO, or that is designated as a Medium CAFO or a Small
CAFO. Any AFO may be designated as a CAFO by the
director in accordance with the provisions of 9VAC25-31-
130 B.
1. "Large CAFO." An AFO is defined as a Large CAFO if
it stables or confines as many or more than the numbers of
animals specified in any of the following categories:
a. 700 mature dairy cows, whether milked or dry;
b. 1,000 veal calves;
c. 1,000 cattle other than mature dairy cows or veal
calves. Cattle includes but is not limited to heifers, steers,
bulls and cow/calf pairs;
d. 2,500 swine each weighing 55 pounds or more;
e. 10,000 swine each weighing less than 55 pounds;
f. 500 horses;
g. 10,000 sheep or lambs;
h. 55,000 turkeys;
i. 30,000 laying hens or broilers, if the AFO uses a liquid
manure handling system;
j. 125,000 chickens (other than laying hens), if the AFO
uses other than a liquid manure handling system;
k. 82,000 laying hens, if the AFO uses other than a liquid
manure handling system;
l. 30,000 ducks, if the AFO uses other than a liquid
manure handling system; or
m. 5,000 ducks if the AFO uses a liquid manure handling
system.
2. "Medium CAFO." The term Medium CAFO includes
any AFO with the type and number of animals that fall
within any of the ranges below that has been defined or
designated as a CAFO. An AFO is defined as a Medium
CAFO if:
a. The type and number of animals that it stables or
confines falls within any of the following ranges:
(1) 200 to 699 mature dairy cattle, whether milked or
dry;
(2) 300 to 999 veal calves;
(3) 300 to 999 cattle other than mature dairy cows or veal
calves. Cattle includes but is not limited to heifers, steers,
bulls and cow/calf pairs;
(4) 750 to 2,499 swine each weighing 55 pounds or
more;
(5) 3,000 to 9,999 swine each weighing less than 55
pounds;
(6) 150 to 499 horses;
(7) 3,000 to 9,999 sheep or lambs;
(8) 16,500 to 29,999 laying hens or broilers, if the AFO
uses a liquid manure handling system;
(9) 37,500 to 124,999 chickens (other than laying hens),
if the AFO uses other than a liquid manure handling
system;
(10) 25,000 to 81,999 laying hens, if the AFO uses other
than a liquid manure handling system;
(11) 10,000 to 29,999 ducks, if the AFO uses other than a
liquid manure handling system;
(12) 1,500 to 4,999 ducks, if the AFO uses a liquid
manure handling system; and
b. Either one of the following conditions are met:
(1) Pollutants are discharged into surface waters of the
state through a manmade ditch, flushing system, or other
similar manmade device; or
(2) Pollutants are discharged directly into surface waters
of the state that originate outside of and pass over, across,
or through the facility or otherwise come into direct
contact with the animals confined in the operation.
3. "Small CAFO." An AFO that is designated as a CAFO
and is not a Medium CAFO.
"Concentrated aquatic animal production facility" means a
hatchery, fish farm, or other facility which meets the criteria
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of this definition, or which the board designates under
9VAC25-31-140. A hatchery, fish farm, or other facility is a
concentrated aquatic animal production facility if it contains,
grows, or holds aquatic animals in either of the following
categories:
1. Cold water fish species or other cold water aquatic
animals in ponds, raceways, or other similar structures
which discharge at least 30 days per year but does not
include:
a. Facilities which produce less than 9,090 harvest weight
kilograms (approximately 20,000 pounds) of aquatic
animals per year; and
b. Facilities which feed less than 2,272 kilograms
(approximately 5,000 pounds) of food during the
calendar month of maximum feeding; or
2. Warm water fish species or other warm water aquatic
animals in ponds, raceways, or other similar structures
which discharge at least 30 days per year, but does not
include:
a. Closed ponds which discharge only during periods of
excess run-off; or
b. Facilities which produce less than 45,454 harvest
weight kilograms (approximately 100,000 pounds) of
aquatic animals per year.
Cold water aquatic animals include, but are not limited to,
the Salmonidae family of fish (e.g., trout and salmon).
Warm water aquatic animals include, but are not limited to,
the Ictaluridae, Centrarchidae and Cyprinidae families of fish
(e.g., respectively, catfish, sunfish and minnows).
"Contiguous zone" means the entire zone established by the
United States under Article 24 of the Convention on the
Territorial Sea and the Contiguous Zone (37 FR 11906).
"Continuous discharge" means a discharge which occurs
without interruption throughout the operating hours of the
facility, except for infrequent shutdowns for maintenance,
process changes, or other similar activities.
"Control authority" refers to the POTW if the POTW's
pretreatment program submission has been approved in
accordance with the requirements of 9VAC25-31-830 or the
approval authority if the submission has not been approved.
"Co-permittee" means a permittee to a VPDES permit that is
only responsible for permit conditions relating to the
discharge for which it is the operator.
"CWA" means the Clean Water Act (33 USC § 1251 et seq.)
(formerly referred to as the Federal Water Pollution Control
Act or Federal Water Pollution Control Act Amendments of
1972) Public Law 92-500, as amended by Public Law 95-217,
Public Law 95-576, Public Law 96-483, Public Law 97-117,
and Public Law 100-4.
"CWA and regulations" means the Clean Water Act (CWA)
and applicable regulations promulgated thereunder. For the
purposes of this chapter, it includes state program
requirements.
"Daily discharge" means the discharge of a pollutant
measured during a calendar day or any 24-hour period that
reasonably represents the calendar day for purposes of
sampling. For pollutants with limitations expressed in units of
mass, the daily discharge is calculated as the total mass of the
pollutant discharged over the day. For pollutants with
limitations expressed in other units of measurement, the daily
discharge is calculated as the average measurement of the
pollutant over the day.
"Department" means the Virginia Department of
Environmental Quality.
"Designated project area" means the portions of surface
within which the permittee or permit applicant plans to
confine the cultivated species, using a method or plan or
operation (including, but not limited to, physical
confinement) which, on the basis of reliable scientific
evidence, is expected to ensure that specific individual
organisms comprising an aquaculture crop will enjoy
increased growth attributable to the discharge of pollutants,
and be harvested within a defined geographic area.
"Direct discharge" means the discharge of a pollutant.
"Director" means the Director of the Department of
Environmental Quality or an authorized representative.
"Discharge," when used without qualification, means the
discharge of a pollutant.
"Discharge," when used in Part VII (9VAC25-31-730 et
seq.) of this chapter, means "indirect discharge" as defined in
this section.
"Discharge of a pollutant" means:
1. Any addition of any pollutant or combination of
pollutants to surface waters from any point source; or
2. Any addition of any pollutant or combination of
pollutants to the waters of the contiguous zone or the ocean
from any point source other than a vessel or other floating
craft which is being used as a means of transportation.
This definition includes additions of pollutants into surface
waters from: surface run-off which is collected or channeled
by man; discharges through pipes, sewers, or other
conveyances owned by a state, municipality, or other person
which do not lead to a treatment works; and discharges
through pipes, sewers, or other conveyances, leading into
privately owned treatment works. This term does not include
an addition of pollutants by any indirect discharger.
"Discharge Monitoring Report (DMR)" or "DMR" means
the form supplied by the department or an equivalent form
developed by the permittee and approved by the board, for the
reporting of self-monitoring results by permittees.
"Draft permit" means a document indicating the board's
tentative decision to issue or deny, modify, revoke and
reissue, terminate, or reissue a permit. A notice of intent to
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terminate a permit, and a notice of intent to deny a permit are
types of draft permits. A denial of a request for modification,
revocation and reissuance, or termination is not a draft permit.
A proposed permit is not a draft permit.
"Effluent limitation" means any restriction imposed by the
board on quantities, discharge rates, and concentrations of
pollutants which are discharged from point sources into
surface waters, the waters of the contiguous zone, or the
ocean.
"Effluent limitations guidelines" means a regulation
published by the administrator under § 304(b) of the CWA to
adopt or revise effluent limitations.
"Environmental Protection Agency (EPA)" or "EPA" means
the United States Environmental Protection Agency.
"Existing source" means any source which is not a new
source or a new discharger.
"Facilities or equipment" means buildings, structures,
process or production equipment or machinery which form a
permanent part of a new source and which will be used in its
operation, if these facilities or equipment are of such value as
to represent a substantial commitment to construct. It
excludes facilities or equipment used in connection with
feasibility, engineering, and design studies regarding the new
source or water pollution treatment for the new source.
"Facility or activity" means any VPDES point source or
treatment works treating domestic sewage or any other
facility or activity (including land or appurtenances thereto)
that is subject to regulation under the VPDES program.
"General permit" means a VPDES permit authorizing a
category of discharges under the CWA and the law within a
geographical area.
"Hazardous substance" means any substance designated
under the Code of Virginia and 40 CFR Part 116 pursuant to
§ 311 of the CWA.
"Incorporated place" means a city, town, township, or
village that is incorporated under the Code of Virginia.
"Indian country" means (i) all land within the limits of any
Indian reservation under the jurisdiction of the United States
government, notwithstanding the issuance of any patent, and
including rights-of-way running through the reservation; (ii)
all dependent Indian communities with the borders of the
United States whether within the originally or subsequently
acquired territory thereof, and whether within or without the
limits of a state; and (iii) all Indian allotments, the Indian
titles to which have not been extinguished, including rights-
of-way running through the same.
"Indirect discharge" means the introduction of pollutants
into a POTW from any nondomestic source regulated under
§ 307(b), (c) or (d) of the CWA and the law.
"Indirect discharger" means a nondomestic discharger
introducing pollutants to a POTW.
"Individual control strategy" means a final VPDES permit
with supporting documentation showing that effluent limits
are consistent with an approved wasteload allocation or other
documentation that shows that applicable water quality
standards will be met not later than three years after the
individual control strategy is established.
"Industrial user" or "user" means a source of indirect
discharge.
"Interference" means an indirect discharge which, alone or
in conjunction with an indirect discharge or discharges from
other sources, both: (i) inhibits or disrupts the POTW, its
treatment processes or operations, or its sludge processes, use
or disposal; and (ii) therefore (ii) is a cause of a violation of
any requirement of the POTW's VPDES permit (including an
increase in the magnitude or duration of a violation) or of the
prevention of biosolids use or sewage sludge disposal in
compliance with the following statutory provisions and
regulations or permits issued thereunder (or more stringent
state or local regulations): Section 405 of the Clean Water
Act, the Solid Waste Disposal Act (SWDA) (including Title
II, more commonly referred to as the Resource Conservation
and Recovery Act (RCRA) (42 USC § 6901 et seq.), and
including state regulations contained in any state sludge
management plan prepared pursuant to Subtitle D of the
SWDA) the Clean Air Act (42 USC § 701 et seq.), the Toxic
Substances Control Act (15 USC § 2601 et seq.), and the
Marine Protection, Research and Sanctuaries Act (33 USC
§ 1401 et seq.).
"Interstate agency" means an agency of two or more states
established by or under an agreement or compact approved by
Congress, or any other agency of two or more states having
substantial powers or duties pertaining to the control of
pollution as determined and approved by the administrator
under the CWA and regulations.
"Land application area" means, in regard to an AFO, land
under the control of an AFO owner or operator, that is owned,
rented, or leased to which manure, litter or process
wastewater from the production area may be applied.
"Land application area" means, in regard to biosolids, the
area in the permitted field, excluding the setback area, where
biosolids may be applied.
"Log sorting facilities" and "log storage facilities" mean
facilities whose discharges result from the holding of
unprocessed wood, for example, logs or roundwood with bark
or after removal of bark held in self-contained bodies of water
(mill ponds or log ponds) or stored on land where water is
applied intentionally on the logs (wet decking).
"Major facility" means any VPDES facility or activity
classified as such by the regional administrator in conjunction
with the board.
"Malodor" means an unusually strong or offensive odor
associated with biosolids or sewage sludge as distinguished
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from odors normally associated with biosolids or sewage
sludge.
"Manmade" means constructed by man and used for the
purpose of transporting wastes.
"Manure" means manure, bedding, compost and raw
materials or other materials commingled with manure or set
aside for disposal.
"Maximum daily discharge limitation" means the highest
allowable daily discharge.
"Municipal separate storm sewer" means a conveyance or
system of conveyances, including roads with drainage
systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains, (i) owned or
operated by a state, city, town, borough, county, parish,
district, association, or other public body (created by or
pursuant to state law) having jurisdiction over disposal of
sewage, industrial wastes, storm water, or other wastes,
including special districts under state law, such as a sewer
district, flood control district or drainage district, or similar
entity, or an Indian tribe or an authorized Indian tribal
organization or a designated and approved management
agency under § 208 of the CWA, that discharges to surface
waters of the state; (ii) designed or used for collecting or
conveying storm water; (iii) that is not a combined sewer; and
(iv) that is not part of a publicly owned treatment works
(POTW).
"Municipality" means a city, town, county, district,
association, or other public body created by or under state law
and having jurisdiction over disposal of sewage, industrial
wastes, or other wastes, or an Indian tribe or an authorized
Indian tribal organization, or a designated and approved
management agency under § 208 of the CWA.
"National Pollutant Discharge Elimination System" or
"NPDES" means the national program for issuing, modifying,
revoking and reissuing, terminating, monitoring and
enforcing permits, and imposing and enforcing pretreatment
requirements under §§ 307, 402, 318, and 405 of the CWA.
The term includes an approved program.
"National pretreatment standard," "pretreatment standard,"
or "standard," when used in Part VII (9VAC25-31-730 et
seq.) of this chapter, means any regulation containing
pollutant discharge limits promulgated by the EPA in
accordance with § 307(b) and (c) of the CWA, which applies
to industrial users. This term includes prohibitive discharge
limits established pursuant to 9VAC25-31-770.
"New discharger" means any building, structure, facility, or
installation:
1. From which there is or may be a discharge of pollutants;
2. That did not commence the discharge of pollutants at a
particular site prior to August 13, 1979;
3. Which is not a new source; and
4. Which has never received a finally effective VPDES
permit for discharges at that site.
This definition includes an indirect discharger which
commences discharging into surface waters after August 13,
1979. It also includes any existing mobile point source (other
than an offshore or coastal oil and gas exploratory drilling rig
or a coastal oil and gas developmental drilling rig) such as a
seafood processing rig, seafood processing vessel, or
aggregate plant, that begins discharging at a site for which it
does not have a permit; and any offshore or coastal mobile oil
and gas exploratory drilling rig or coastal mobile oil and gas
developmental drilling rig that commences the discharge of
pollutants after August 13, 1979.
"New source," except when used in Part VII (9VAC25-31-
730 et seq.) of this chapter, means any building, structure,
facility, or installation from which there is or may be a
discharge of pollutants, the construction of which
commenced:
(a) 1. After promulgation of standards of performance
under § 306 of the CWA which are applicable to such
source; or
(b) 2. After proposal of standards of performance in
accordance with § 306 of the CWA which are applicable to
such source, but only if the standards are promulgated in
accordance with § 306 of the CWA within 120 days of
their proposal.
"New source," when used in Part VII of this chapter, means
any building, structure, facility, or installation from which
there is or may be a discharge of pollutants, the construction
of which commenced after the publication of proposed
pretreatment standards under § 307(c) of the CWA which will
be applicable to such source if such standards are thereafter
promulgated in accordance with that section, provided that:
1. a. The building, structure, facility or installation is
constructed at a site at which no other source is located;
b. The building, structure, facility, or installation totally
replaces the process or production equipment that causes
the discharge of pollutants at an existing source; or
c. The production of wastewater generating processes of
the building, structure, facility, or installation are
substantially independent of an existing source at the
same site. In determining whether these are substantially
independent, factors such as the extent to which the new
facility is integrated with the existing plant, and the
extent to which the new facility is engaged in the same
general type of activity as the existing source should be
considered.
2. Construction on a site at which an existing source is
located results in a modification rather than a new source if
the construction does not create a new building, structure,
facility, or installation meeting the criteria of subdivision 1
b or c of this definition but otherwise alters, replaces, or
adds to existing process or production equipment.
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3. Construction of a new source as defined under this
subdivision has commenced if the owner or operator has:
a. Begun, or caused to begin, as part of a continuous on-
site construction program:
(1) Any placement, assembly, or installation of facilities
or equipment; or
(2) Significant site preparation work including clearing,
excavation, or removal of existing buildings, structures,
or facilities which is necessary for the placement,
assembly, or installation of new source facilities or
equipment; or
b. Entered into a binding contractual obligation for the
purchase of facilities or equipment which are intended to
be used in its operation within a reasonable time. Options
to purchase or contracts which can be terminated or
modified without substantial loss, and contracts for
feasibility, engineering, and design studies do not
constitute a contractual obligation under this subdivision.
"Overburden" means any material of any nature,
consolidated or unconsolidated, that overlies a mineral
deposit, excluding topsoil or similar naturally occurring
surface materials that are not disturbed by mining operations.
"Owner" means the Commonwealth or any of its political
subdivisions including, but not limited to, sanitation district
commissions and authorities, and any public or private
institution, corporation, association, firm or company
organized or existing under the laws of this or any other state
or country, or any officer or agency of the United States, or
any person or group of persons acting individually or as a
group that owns, operates, charters, rents, or otherwise
exercises control over or is responsible for any actual or
potential discharge of sewage, industrial wastes, or other
wastes to state waters, or any facility or operation that has the
capability to alter the physical, chemical, or biological
properties of state waters in contravention of § 62.1-44.5 of
the Code of Virginia.
"Owner" or "operator" means the owner or operator of any
facility or activity subject to regulation under the VPDES
program.
"Pass through" means a discharge which exits the POTW
into state waters in quantities or concentrations which, alone
or in conjunction with a discharge or discharges from other
sources, is a cause of a violation of any requirement of the
POTW's VPDES permit (including an increase in the
magnitude or duration of a violation).
"Permit" means an authorization, certificate, license, or
equivalent control document issued by the board to
implement the requirements of this chapter. Permit includes a
VPDES general permit. Permit does not include any permit
which has not yet been the subject of final agency action,
such as a draft permit or a proposed permit.
"Person" means an individual, corporation, partnership,
association, a governmental body, a municipal corporation, or
any other legal entity.
"Point source" means any discernible, confined, and discrete
conveyance including, but not limited to, any pipe, ditch,
channel, tunnel, conduit, well, discrete fissure, container,
rolling stock, concentrated animal feeding operation, landfill
leachate collection system, vessel, or other floating craft from
which pollutants are or may be discharged. This term does
not include return flows from irrigated agriculture or
agricultural storm water run-off.
"Pollutant" means dredged spoil, solid waste, incinerator
residue, filter backwash, sewage, garbage, sewage sludge,
munitions, chemical wastes, biological materials, radioactive
materials (except those regulated under the Atomic Energy
Act of 1954, as amended (42 USC § 2011 et seq.)), heat,
wrecked or discarded equipment, rock, sand, cellar dirt and
industrial, municipal, and agricultural waste discharged into
water. It does not mean:
1. Sewage from vessels; or
2. Water, gas, or other material which is injected into a
well to facilitate production of oil or gas, or water derived
in association with oil and gas production and disposed of
in a well if the well used either to facilitate production or
for disposal purposes is approved by the board, and if the
board determines that the injection or disposal will not
result in the degradation of ground or surface water
resources.
"POTW treatment plant" means that portion of the POTW
which is designed to provide treatment (including recycling
and reclamation) of municipal sewage and industrial waste.
"Pretreatment" means the reduction of the amount of
pollutants, the elimination of pollutants, or the alteration of
the nature of pollutant properties in wastewater prior to or in
lieu of discharging or otherwise introducing such pollutants
into a POTW. The reduction or alteration may be obtained by
physical, chemical or biological processes, process changes or
by other means, except as prohibited in Part VII of this
chapter. Appropriate pretreatment technology includes
control equipment, such as equalization tanks or facilities, for
protection against surges or slug loadings that might interfere
with or otherwise be incompatible with the POTW. However,
where wastewater from a regulated process is mixed in an
equalization facility with unregulated wastewater or with
wastewater from another regulated process, the effluent from
the equalization facility must meet an adjusted pretreatment
limit calculated in accordance with Part VII of this chapter.
"Pretreatment requirements" means any requirements arising
under Part VII (9VAC25-31-730 et seq.) of this chapter
including the duty to allow or carry out inspections, entry or
monitoring activities; any rules, regulations, or orders issued
by the owner of a publicly owned treatment works; or any
reporting requirements imposed by the owner of a publicly
owned treatment works or by the regulations of the board.
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Pretreatment requirements do not include the requirements of
a national pretreatment standard.
"Primary industry category" means any industry category
listed in the NRDC settlement agreement (Natural Resources
Defense Council et al. v. Train, 8 E.R.C. 2120 (D.D.C. 1976),
modified 12 E.R.C. 1833 (D.D.C. 1979)); also listed in
40 CFR Part 122 Appendix A.
"Privately owned treatment works (PVOTW)" or "PVOTW"
means any device or system which is (i) used to treat wastes
from any facility whose operator is not the operator of the
treatment works and (ii) not a POTW.
"Process wastewater" means any water which, during
manufacturing or processing, comes into direct contact with
or results from the production or use of any raw material,
intermediate product, finished product, byproduct, or waste
product. Process wastewater from an AFO means water
directly or indirectly used in the operation of the AFO for any
of the following: spillage or overflow from animal or poultry
watering systems; washing, cleaning, or flushing pens, barns,
manure pits, or other AFO facilities; direct contact
swimming, washing, or spray cooling of the animals; or dust
control. Process wastewater from an AFO also includes any
water that comes into contact with any raw materials,
products, or byproducts including manure, litter, feed, milk,
eggs or bedding.
"Production area" means that part of an AFO that includes
the animal confinement area, the manure storage area, the raw
materials storage area, and the waste containment areas. The
animal confinement area includes but is not limited to open
lots, housed lots, feedlots, confinement houses, stall barns,
free stall barns, milkrooms, milking centers, cowyards,
barnyards, medication pens, walkers, animal walkways, and
stables. The manure storage area includes but is not limited to
lagoons, runoff ponds, storage sheds, stockpiles, under house
or pit storages, liquid impoundments, static piles, and
composting piles. The raw materials storage areas includes
but is not limited to feed silos, silage bunkers, and bedding
materials. The waste containment area includes but is not
limited to settling basins, and areas within berms and
diversions that separate uncontaminated storm water. Also
included in the definition of production area is any egg
washing or egg processing facility, and any area used in the
storage, handling, treatment, or disposal of mortalities.
"Proposed permit" means a VPDES permit prepared after
the close of the public comment period (and, when applicable,
any public hearing and administrative appeals) which is sent
to EPA for review before final issuance. A proposed permit is
not a draft permit.
"Publicly owned treatment works (POTW)" or "POTW"
means a treatment works as defined by § 212 of the CWA,
which is owned by a state or municipality (as defined by
§ 502(4) of the CWA). This definition includes any devices
and systems used in the storage, treatment, recycling, and
reclamation of municipal sewage or industrial wastes of a
liquid nature. It also includes sewers, pipes, and other
conveyances only if they convey wastewater to a POTW
treatment plant. The term also means the municipality as
defined in § 502(4) of the CWA, which has jurisdiction over
the indirect discharges to and the discharges from such a
treatment works.
"Recommencing discharger" means a source which
recommences discharge after terminating operations.
"Regional administrator" means the Regional Administrator
of Region III of the Environmental Protection Agency or the
authorized representative of the regional administrator.
"Rock crushing and gravel washing facilities" means
facilities which process crushed and broken stone, gravel, and
riprap.
"Schedule of compliance" means a schedule of remedial
measures included in a permit, including an enforceable
sequence of interim requirements (for example, actions,
operations, or milestone events) leading to compliance with
the law, the CWA and regulations.
"Secondary industry category" means any industry category
which is not a primary industry category.
"Secretary" means the Secretary of the Army, acting through
the Chief of Engineers.
"Septage" means the liquid and solid material pumped from
a septic tank, cesspool, or similar domestic sewage treatment
system, or a holding tank when the system is cleaned or
maintained.
"Setback area" means the area of land between the boundary
of the land application area and adjacent features where
biosolids or other managed pollutants may not be land
applied.
"Severe property damage" means substantial physical
damage to property, damage to the treatment facilities which
causes them to become inoperable, or substantial and
permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass. Severe property
damage does not mean economic loss caused by delays in
production.
"Sewage from vessels" means human body wastes and the
wastes from toilets and other receptacles intended to receive
or retain body wastes that are discharged from vessels and
regulated under § 312 of CWA.
"Sewage sludge" means any solid, semisolid, or liquid
residue removed during the treatment of municipal waste
water wastewater or domestic sewage. Sewage sludge
includes, but is not limited to, solids removed during primary,
secondary, or advanced waste water wastewater treatment,
scum, domestic septage, portable toilet pumpings, type III
marine sanitation device pumpings, and sewage sludge
products. Sewage sludge does not include grit or screenings,
or ash generated during the incineration of sewage sludge.
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"Sewage sludge use" or "disposal practice" means the
collection, storage, treatment, transportation, processing,
monitoring, use of biosolids, or disposal of sewage sludge.
"Significant industrial user" or "SIU" means:
1. Except as provided in subdivisions 2 and 3 of this
definition:
a. All industrial users subject to categorical pretreatment
standards under 9VAC25-31-780 and incorporated by
reference in 9VAC25-31-30; and
b. Any other industrial user that: discharges an average of
25,000 gallons per day or more of process wastewater to
the POTW (excluding sanitary, noncontact cooling and
boiler blowdown wastewater); contributes a process
wastestream which makes up 5.0% or more of the
average dry weather hydraulic or organic capacity of the
POTW treatment plant; or is designated as such by the
Control Authority control authority, on the basis that the
industrial user has a reasonable potential for adversely
affecting the POTW's operation or for violating any
pretreatment standard or requirement.
2. The control authority may determine that an industrial
user subject to categorical pretreatment standards under
9VAC25-31-780 and 40 CFR chapter I, subchapter N is a
nonsignificant categorical industrial user rather than a
significant industrial user on a finding that the industrial
user never discharges more than 100 gallons per day (gpd)
of total categorical wastewater (excluding sanitary,
noncontact cooling and boiler blowdown wastewater,
unless specifically included in the pretreatment standard)
and the following conditions are met:
a. The industrial user, prior to control authority's finding,
has consistently complied with all applicable categorical
pretreatment standards and requirements;
b. The industrial user annually submits the certification
statement required in 9VAC25-31-840 together with any
additional information necessary to support the
certification statement; and
c. The industrial user never discharges any untreated
concentrated wastewater.
3. Upon a finding that an industrial user meeting the
criteria in subdivision 1 b of this definition has no
reasonable potential for adversely affecting the POTW's
operation or for violating any pretreatment standard or
requirement, the control authority may at any time, on its
own initiative or in response to a petition received from an
industrial user or POTW, and in accordance with Part VII
(9VAC25-31-730 et seq.) of this chapter, determine that
such industrial user is not a significant industrial user.
"Significant materials" means, but is not limited to: raw
materials; fuels; materials such as solvents, detergents, and
plastic pellets; finished materials such as metallic products;
raw materials used in food processing or production;
hazardous substances designated under § 101(14) of
CERCLA (42 USC § 9601(14)); any chemical the facility is
required to report pursuant to § 313 of Title III of SARA
(42 USC § 11023); fertilizers; pesticides; and waste products
such as ashes, slag and sludge that have the potential to be
released with storm water discharges.
"Silvicultural point source" means any discernible, confined
and discrete conveyance related to rock crushing, gravel
washing, log sorting, or log storage facilities which are
operated in connection with silvicultural activities and from
which pollutants are discharged into surface waters. The term
does not include nonpoint source silvicultural activities such
as nursery operations, site preparation, reforestation and
subsequent cultural treatment, thinning, prescribed burning,
pest and fire control, harvesting operations, surface drainage,
or road construction and maintenance from which there is
natural run-off. However, some of these activities (such as
stream crossing for roads) may involve point source
discharges of dredged or fill material which may require a
CWA § 404 permit.
"Site" means the land or water area where any facility or
activity is physically located or conducted, including adjacent
land used in connection with the facility or activity.
"Sludge-only facility" means any treatment works treating
domestic sewage whose methods of biosolids use or sewage
sludge disposal are subject to regulations promulgated
pursuant to the law and § 405(d) of the CWA, and is required
to obtain a VPDES permit.
"Source" means any building, structure, facility, or
installation from which there is or may be a discharge of
pollutants.
"Standards for biosolids use or sewage sludge disposal"
means the regulations promulgated pursuant to the law and
§ 405(d) of the CWA which govern minimum requirements
for sludge quality, management practices, and monitoring and
reporting applicable to sewage sludge or the use of biosolids
or disposal of sewage sludge by any person.
"State" means the Commonwealth of Virginia.
"State/EPA agreement" means an agreement between the
regional administrator and the state which coordinates EPA
and state activities, responsibilities and programs including
those under the CWA and the law.
"State Water Control Law" or "Law" means Chapter 3.1
(§ 62.1-44.2 et seq.) of Title 62.1 of the Code of Virginia.
"Storm water" means storm water run-off, snow melt run-
off, and surface run-off and drainage.
"Storm water discharge associated with industrial activity"
means the discharge from any conveyance which is used for
collecting and conveying storm water and which is directly
related to manufacturing, processing, or raw materials storage
areas at an industrial plant. The term does not include
discharges from facilities or activities excluded from the
VPDES program. For the categories of industries identified in
this definition, the term includes, but is not limited to, storm
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water discharges from industrial plant yards; immediate
access roads and rail lines used or traveled by carriers of raw
materials, manufactured products, waste material, or by-
products byproducts used or created by the facility; material
handling sites; refuse sites; sites used for the application or
disposal of process waste waters; sites used for the storage
and maintenance of material handling equipment; sites used
for residual treatment, storage, or disposal; shipping and
receiving areas; manufacturing buildings; storage areas
(including tank farms) for raw materials, and intermediate and
final products; and areas where industrial activity has taken
place in the past and significant materials remain and are
exposed to storm water. For the purposes of this definition,
material handling activities include the storage, loading and
unloading, transportation, or conveyance of any raw material,
intermediate product, final product, by-product byproduct, or
waste product. The term excludes areas located on plant lands
separate from the plant's industrial activities, such as office
buildings and accompanying parking lots as long as the
drainage from the excluded areas is not mixed with storm
water drained from the above described areas. Industrial
facilities (including industrial facilities that are federally,
state, or municipally owned or operated that meet the
description of the facilities listed in subdivisions 1 through 10
of this definition) include those facilities designated under the
provisions of 9VAC25-31-120 A 1 c. The following
categories of facilities are considered to be engaging in
industrial activity for purposes of this subsection:
1. Facilities subject to storm water effluent limitations
guidelines, new source performance standards, or toxic
pollutant effluent standards under 40 CFR Subchapter N
(except facilities with toxic pollutant effluent standards
which that are exempted under category 10);
2. Facilities classified as Standard Industrial Classifications
24 (except 2434), 26 (except 265 and 267), 28 (except
283), 29, 311, 32 (except 323), 33, 3441, 373;
3. Facilities classified as Standard Industrial Classifications
10 through 14 (mineral industry) including active or
inactive mining operations (except for areas of coal mining
operations no longer meeting the definition of a
reclamation area under 40 CFR 434.11(l) because the
performance bond issued to the facility by the appropriate
SMCRA authority has been released, or except for areas of
non-coal mining operations which have been released from
applicable state or federal reclamation requirements after
December 17, 1990) and oil and gas exploration,
production, processing, or treatment operations, or
transmission facilities that discharge storm water
contaminated by contact with or that has come into contact
with, any overburden, raw material, intermediate products,
finished products, by-products byproducts, or waste
products located on the site of such operations; (inactive
mining operations are mining sites that are not being
actively mined, but which have an identifiable
owner/operator; inactive mining sites do not include sites
where mining claims are being maintained prior to
disturbances associated with the extraction, beneficiation,
or processing of mined materials, nor sites where minimal
activities are undertaken for the sole purpose of
maintaining a mining claim);
4. Hazardous waste treatment, storage, or disposal
facilities, including those that are operating under interim
status or a permit under Subtitle C of RCRA (42 USC
§ 6901 et seq.);
5. Landfills, land application sites, and open dumps that
receive or have received any industrial wastes (waste that
is received from any of the facilities described under this
subsection) including those that are subject to regulation
under Subtitle D of RCRA (42 USC § 6901 et seq.);
6. Facilities involved in the recycling of materials,
including metal scrapyards, battery reclaimers, salvage
yards, and automobile junkyards, including but limited to
those classified as Standard Industrial Classification 5015
and 5093;
7. Steam electric power generating facilities, including coal
handling sites;
8. Transportation facilities classified as Standard Industrial
Classifications 40, 41, 42 (except 4221-25), 43, 44, 45, and
5171 which have vehicle maintenance shops, equipment
cleaning operations, or airport deicing operations. Only
those portions of the facility that are either involved in
vehicle maintenance (including vehicle rehabilitation,
mechanical repairs, painting, fueling, and lubrication),
equipment cleaning operations, airport deicing operations,
or which are otherwise identified under subdivisions 1
through 7 or 9 and 10 of this definition are associated with
industrial activity;
9. Treatment works treating domestic sewage or any other
sewage sludge or wastewater treatment device or system,
used in the storage treatment, recycling, and reclamation of
municipal or domestic sewage, including land dedicated to
the disposal of sewage sludge that are located within the
confines of the facility, with a design flow of 1.0 mgd or
more, or required to have an approved pretreatment
program. Not included are farm lands, domestic gardens or
lands used for sludge management where sludge is
beneficially reused and which are not physically located in
the confines of the facility, or areas that are in compliance
with § 405 of the CWA; and
10. Facilities under Standard Industrial Classifications 20,
21, 22, 23, 2434, 25, 265, 267, 27, 283, 30, 31 (except
311), 323, 34 (except 3441), 35, 36, 37 (except 373), 38,
39, and 4221-25.
"Submission" means: (i) a request by a POTW for approval
of a pretreatment program to the regional administrator or the
director; (ii) a request by POTW to the regional administrator
or the director for authority to revise the discharge limits in
categorical pretreatment standards to reflect POTW pollutant
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removals; or (iii) a request to the EPA by the director for
approval of the Virginia pretreatment program.
"Surface waters" means:
1. All waters which are currently used, were used in the
past, or may be susceptible to use in interstate or foreign
commerce, including all waters which are subject to the
ebb and flow of the tide;
2. All interstate waters, including interstate wetlands;
3. All other waters such as intrastate lakes, rivers, streams
(including intermittent streams), mudflats, sandflats,
wetlands, sloughs, prairie potholes, wet meadows, playa
lakes, or natural ponds the use, degradation, or destruction
of which would affect or could affect interstate or foreign
commerce including any such waters:
a. Which are or could be used by interstate or foreign
travelers for recreational or other purposes;
b. From which fish or shellfish are or could be taken and
sold in interstate or foreign commerce; or
c. Which are used or could be used for industrial
purposes by industries in interstate commerce;
4. All impoundments of waters otherwise defined as
surface waters under this definition;
5. Tributaries of waters identified in subdivisions 1 through
4 of this definition;
6. The territorial sea; and
7. Wetlands adjacent to waters (other than waters that are
themselves wetlands) identified in subdivisions 1 through 6
of this definition.
Waste treatment systems, including treatment ponds or
lagoons designed to meet the requirements of the CWA and
the law, are not surface waters. Surface waters do not include
prior converted cropland. Notwithstanding the determination
of an area's status as prior converted cropland by any other
agency, for the purposes of the Clean Water Act, the final
authority regarding the Clean Water Act jurisdiction remains
with the EPA.
"Total dissolved solids" means the total dissolved (filterable)
solids as determined by use of the method specified in
40 CFR Part 136.
"Toxic pollutant" means any pollutant listed as toxic under
§ 307(a)(1) of the CWA or, in the case of sludge use or
disposal practices, any pollutant identified in regulations
implementing § 405(d) of the CWA.
"Treatment facility" means only those mechanical power
driven devices necessary for the transmission and treatment
of pollutants (e.g., pump stations, unit treatment processes).
"Treatment works" means any devices and systems used for
the storage, treatment, recycling or reclamation of sewage or
liquid industrial waste, or other waste or necessary to recycle
or reuse water, including intercepting sewers, outfall sewers,
sewage collection systems, individual systems, pumping,
power and other equipment and their appurtenances;
extensions, improvements, remodeling, additions, or
alterations thereof; and any works, including land that will be
an integral part of the treatment process or is used for ultimate
disposal of residues resulting from such treatment; or any
other method or system used for preventing, abating,
reducing, storing, treating, separating, or disposing of
municipal waste or industrial waste, including waste in
combined sewer water and sanitary sewer systems.
"Treatment works treating domestic sewage" means a
POTW or any other sewage sludge or waste water wastewater
treatment devices or systems, regardless of ownership
(including federal facilities), used in the storage, treatment,
recycling, and reclamation of municipal or domestic sewage,
including land dedicated for the disposal of sewage sludge.
This definition does not include septic tanks or similar
devices. For purposes of this definition, domestic sewage
includes waste and waste water wastewater from humans or
household operations that are discharged to or otherwise enter
a treatment works.
"TWTDS" means treatment works treating domestic sewage.
"Uncontrolled sanitary landfill" means a landfill or open
dump, whether in operation or closed, that does not meet the
requirements for run-on or run-off controls established
pursuant to subtitle D of the Solid Waste Disposal Act
(42 USC § 6901 et seq.).
"Upset," except when used in Part VII (9VAC25-31-730 et
seq.) of this chapter, means an exceptional incident in which
there is unintentional and temporary noncompliance with
technology based permit effluent limitations because of
factors beyond the reasonable control of the permittee. An
upset does not include noncompliance to the extent caused by
operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
"Variance" means any mechanism or provision under § 301
or § 316 of the CWA or under 40 CFR Part 125, or in the
applicable effluent limitations guidelines which allows
modification to or waiver of the generally applicable effluent
limitation requirements or time deadlines of the CWA. This
includes provisions which allow the establishment of
alternative limitations based on fundamentally different
factors or on §§ 301(c), 301(g), 301(h), 301(i), or 316(a) of
the CWA.
"Vegetated buffer" means a permanent strip of dense
perennial vegetation established parallel to the contours of
and perpendicular to the dominant slope of the field for the
purposes of slowing water runoff, enhancing water
infiltration, and minimizing the risk of any potential nutrients
or pollutants from leaving the field and reaching surface
waters.
"Virginia Pollutant Discharge Elimination System (VPDES)
permit" or "VPDES permit" means a document issued by the
board pursuant to this chapter authorizing, under prescribed
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conditions, the potential or actual discharge of pollutants
from a point source to surface waters and the use of biosolids
or disposal of sewage sludge. Under the approved state
program, a VPDES permit is equivalent to an NPDES permit.
"VPDES application" or "application" means the standard
form or forms, including any additions, revisions or
modifications to the forms, approved by the administrator and
the board for applying for a VPDES permit.
"Wastewater," when used in Part VII (9VAC25-31-730 et
seq.) of this chapter, means liquid and water carried industrial
wastes and domestic sewage from residential dwellings,
commercial buildings, industrial and manufacturing facilities
and institutions, whether treated or untreated, which are
contributed to the POTW.
"Wastewater works operator" means any individual
employed or appointed by any owner, and who is designated
by such owner to be the person in responsible charge, such as
a supervisor, a shift operator, or a substitute in charge, and
whose duties include testing or evaluation to control
wastewater works operations. Not included in this definition
are superintendents or directors of public works, city
engineers, or other municipal or industrial officials whose
duties do not include the actual operation or direct
supervision of wastewater works.
"Water Management Division Director" means the director
of the Region III Water Management Division of the
Environmental Protection Agency or this person's delegated
representative.
"Wetlands" means those areas that are inundated or
saturated by surface or groundwater at a frequency and
duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs, and
similar areas.
"Whole effluent toxicity" means the aggregate toxic effect
of an effluent measured directly by a toxicity test.
9VAC25-31-25. Applicability of incorporated references
based on the dates that they became effective.
Except as noted, when a regulation of the United States
Environmental Protection Agency set forth in Title 40 of the
Code of Federal Regulations is referenced and incorporated
herein that regulation shall be as it exists and has been
published in the July 1, 2012 2013, update.
9VAC25-31-30. Federal effluent guidelines.
A. The following federal regulations are hereby incorporated
by reference:
Airport Deicing Operations - 40 CFR Part 449
Aluminum Forming - 40 CFR Part 467
Asbestos Manufacturing - 40 CFR Part 427
Battery Manufacturing - 40 CFR Part 461
Canned and Preserved Fruits and Vegetables - 40 CFR Part
407
Canned and Preserved Seafood - 40 CFR Part 408
Carbon Black Manufacturing - 40 CFR Part 458
Cement Manufacturing - 40 CFR Part 411
Centralized Waste Treatment - 40 CFR Part 437
Coal Mining - 40 CFR Part 434
Coil Coating - 40 CFR Part 465
Concentrated Aquatic Animal Production - 40 CFR Part
451
Copper Forming - 40 CFR Part 468
Dairy Products - 40 CFR Part 405
Electrical and Electronic Components - 40 CFR Part 469
Electroplating - 40 CFR Part 413
Explosives Manufacturing - 40 CFR Part 457
Feedlots - 40 CFR Part 412 (2009)
Ferroalloy Manufacturing - 40 CFR Part 424
Fertilizer Manufacturing - 40 CFR Part 418
Glass Manufacturing - 40 CFR Part 426
Grain Mills - 40 CFR Part 406
Gum and Wood Chemicals Manufacturing - 40 CFR Part
454
Hospitals - 40 CFR Part 460
Ink Formulating - 40 CFR Part 447
Inorganic Chemicals Manufacturing - 40 CFR Part 415
Iron and Steel Manufacturing - 40 CFR Part 420
Landfills - 40 CFR Part 445
Leather Tanning and Finishing - 40 CFR Part 425
Meat Products - 40 CFR Part 432
Metal Finishing - 40 CFR Part 433
Metal Molding and Casting - 40 CFR Part 464
Metal Products and Machinery - 40 CFR Part 438
Mineral Mining and Processing - 40 CFR Part 436
Nonferrous Metals - 40 CFR Part 421
Nonferrous Metal Forming - 40 CFR Part 471
Oil and Gas Extraction - 40 CFR Part 435
Ore Mining and Dressing - 40 CFR Part 440
Organic Chemicals, Plastics and Synthetic Fibers - 40 CFR
Part 414
Paint Formulating - 40 CFR Part 446
Paving and Roofing Materials - 40 CFR Part 443
Pesticide Chemicals - 40 CFR Part 455
Petroleum Refining - 40 CFR Part 419
Pharmaceutical Manufacturing - 40 CFR Part 439
Phosphate Manufacturing - 40 CFR Part 422
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Photographic Processing - 40 CFR Part 459
Plastics Molding and Forming - 40 CFR Part 463
Porcelain Enameling - 40 CFR Part 466
Pulp, Paper and Paperboard - 40 CFR Part 430
Rubber Processing - 40 CFR Part 428
Secondary Treatment - 40 CFR Part 133
Soaps and Detergents - 40 CFR Part 417
Steam Electric Power Generation - 40 CFR Part 423
Sugar Processing - 40 CFR Part 409
Textile Mills - 40 CFR Part 410
Timber Products - 40 CFR Part 429
Toxic Pollutant Effluent Standards - 40 CFR Part 129
Transportation Equipment Cleaning - 40 CFR Part 442
Waste Combustors - 40 CFR Part 444
B. The director shall be responsible for identifying any
subsequent changes in the regulations incorporated in the
previous subsection or the adoption or the modification of
any new national standard. Upon identifying any such federal
change or adoption, the director shall initiate a regulation
adopting proceedings by preparing and filing with the
Registrar of Regulations the notice required by § 2.2-4006 A
4 c of the Code of Virginia or a notice of a public hearing
pursuant to § 2.2-4007 C of the Code of Virginia.
9VAC25-31-50. Prohibitions.
A. Except in compliance with a VPDES permit, or another
permit, issued by the board or other entity authorized by the
board, it shall be unlawful for any person to:
1. Discharge into state waters sewage, industrial wastes,
other wastes, or any noxious or deleterious substances; or
2. Otherwise alter the physical, chemical or biological
properties of such state waters and make them detrimental
to the public health, or to animal or aquatic life, or to the
use of such waters for domestic or industrial consumption,
or for recreation, or for other uses.; or
3. Discharge stormwater into state waters from municipal
separate storm sewer systems or land disturbing activities.
B. Any person in violation of 9VAC25-31-50 subsection A
of this section, who discharges or causes or allows a
discharge of sewage, industrial waste, other wastes or any
noxious or deleterious substance into or upon state waters; or
who discharges or causes or allows a discharge that may
reasonably be expected to enter state waters in violation of
subsection A of this section shall notify the department of the
discharge, immediately upon discovery of the discharge but in
no case later than 24 hours after said discovery. A written
report of the unauthorized discharge shall be submitted by the
owner, to the department, within five days of discovery of the
discharge. The written report shall contain:
1. A description of the nature and location of the discharge;
2. The cause of the discharge;
3. The date on which the discharge occurred;
4. The length of time that the discharge continued;
5. The volume of the discharge;
6. If the discharge is continuing, how long it is expected to
continue;
7. If the discharge is continuing, what the expected total
volume of the discharge will be; and
8. Any steps planned or taken to reduce, eliminate and
prevent a recurrence of the present discharge or any future
discharges not authorized by the permit.
Discharges reportable to the department under the
immediate reporting requirements of other regulations are
exempted from this requirement.
C. No permit may be issued:
1. When the conditions of the permit do not provide for
compliance with the applicable requirements of the CWA
or the law, or regulations promulgated under the CWA or
the law;
2. When the applicant is required to obtain a state or other
appropriate certification under § 401 of the CWA and that
certification has not been obtained or waived;
3. When the regional administrator has objected to
issuance of the permit;
4. When the imposition of conditions cannot ensure
compliance with the applicable water quality requirements
of all affected states;
5. When, in the judgment of the Secretary of the Army,
anchorage and navigation in or on any of the waters of the
United States would be substantially impaired by the
discharge;
6. For the discharge of any radiological, chemical, or
biological warfare agent or high-level radioactive waste;
7. For any discharge inconsistent with a plan or plan
amendment approved under § 208(b) of the CWA;
8. For any discharge to the territorial sea, the waters of the
contiguous zone, or the oceans in the following
circumstances:
a. Before the promulgation of guidelines under § 403(c)
of the CWA (for determining degradation of the waters
of the territorial seas, the contiguous zone, and the
oceans) unless the board determines permit issuance to
be in the public interest; or
b. After promulgation of guidelines under § 403(c) of the
CWA, when insufficient information exists to make a
reasonable judgment whether the discharge complies
with them.
9. To a new source or a new discharger, if the discharge
from its construction or operation will cause or contribute
to the violation of water quality standards. The owner or
operator of a new source or new discharger proposing to
discharge into a water segment which does not meet
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applicable water quality standards or is not expected to
meet those standards even after the application of the
effluent limitations required by the law and
§§ 301(b)(1)(A) and 301(b)(1)(B) of the CWA, and for
which the department has performed a pollutants load
allocation for the pollutant to be discharged, must
demonstrate, before the close of the public comment
period, that:
a. There are sufficient remaining pollutant load
allocations to allow for the discharge; and
b. The existing dischargers into that segment are subject
to compliance schedules designed to bring the segment
into compliance with applicable water quality standards.
The board may waive the submission of information by
the new source or new discharger required by this
subdivision if the board determines that it already has
adequate information to evaluate the request. An
explanation of the development of limitations to meet the
criteria of this paragraph is to be included in the fact
sheet to the permit under 9VAC25-31-280.
9VAC25-31-200. Additional conditions applicable to
specified categories of VPDES permits.
The following conditions, in addition to those set forth in
9VAC25-31-190, apply to all VPDES permits within the
categories specified below:
A. Existing manufacturing, commercial, mining, and
silvicultural dischargers. All existing manufacturing,
commercial, mining, and silvicultural dischargers must notify
the department as soon as they know or have reason to
believe:
1. That any activity has occurred or will occur which
would result in the discharge, on a routine or frequent
basis, of any toxic pollutant which is not limited in the
permit, if that discharge will exceed the highest of the
following notification levels:
a. One hundred micrograms per liter (100 μg/l);
b. Two hundred micrograms per liter (200 μg/l) for
acrolein and acrylonitrile; five hundred micrograms per
liter (500 μg/l) for 2,4-dinitrophenol and for 2-methyl-
4,6-dinitrophenol; and one milligram per liter (1 mg/l)
for antimony;
c. Five times the maximum concentration value reported
for that pollutant in the permit application; or
d. The level established by the board in accordance with
9VAC25-31-220 F.
2. That any activity has occurred or will occur which
would result in any discharge, on a nonroutine or
infrequent basis, of a toxic pollutant which is not limited in
the permit, if that discharge will exceed the highest of the
following notification levels:
a. Five hundred micrograms per liter (500 μg/l);
b. One milligram per liter (1 mg/l) for antimony;
c. Ten times the maximum concentration value reported
for that pollutant in the permit application; or
d. The level established by the board in accordance with
9VAC25-31-220 F.
B. Publicly and privately owned treatment works. All
POTWs and PVOTWs must provide adequate notice to the
department of the following:
1. Any new introduction of pollutants into the POTW or
PVOTW from an indirect discharger which would be
subject to § 301 or 306 of the CWA and the law if it were
directly discharging those pollutants; and
2. Any substantial change in the volume or character of
pollutants being introduced into that POTW or PVOTW by
a source introducing pollutants into the POTW or PVOTW
at the time of issuance of the permit.
3. For purposes of this subsection, adequate notice shall
include information on (i) the quality and quantity of
effluent introduced into the POTW or PVOTW, and (ii)
any anticipated impact of the change on the quantity or
quality of effluent to be discharged from the POTW or
PVOTW.
4. When the monthly average flow influent to a POTW or
PVOTW reaches 95% of the design capacity authorized by
the VPDES permit for each month of any three-month
period, the owner shall within 30 days notify the
department in writing and within 90 days submit a plan of
action for ensuring continued compliance with the terms of
the permit.
a. The plan shall include the necessary steps and a
prompt schedule of implementation for controlling any
current problem, or any problem which could be
reasonably anticipated, resulting from high influent
flows.
b. Upon receipt of the owner's plan of action, the board
shall notify the owner whether the plan is approved or
disapproved. If the plan is disapproved, such notification
shall state the reasons and specify the actions necessary
to obtain approval of the plan.
c. Failure to timely submit an adequate plan shall be
deemed a violation of the permit.
d. Nothing herein shall in any way impair the authority of
the board to take enforcement action under § 62.1-44.15,
62.1-44.23, or 62.1-44.32 of the Code of Virginia.
C. Wastewater works operator requirements.
1. The permittee shall employ or contract at least one
wastewater works operator who holds a current wastewater
license appropriate for the permitted facility. The license
shall be issued in accordance with Title 54.1 of the Code of
Virginia and the regulations of the Board for Waterworks
and Wastewater Works Operators and Onsite Sewage
System Professionals Regulations (18VAC160-20).
Notwithstanding the foregoing requirement, unless the
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discharge is determined by the board on a case-by-case
basis to be a potential contributor of pollution, no licensed
operator is required for wastewater treatment works:
a. That have a design hydraulic capacity equal to or less
than 0.04 mgd;
b. That discharge industrial waste or other waste from
coal mining operations; or
c. That do not utilize biological or physical/chemical
treatment.
2. In making this case-by-case determination, the board
shall consider the location of the discharge with respect to
state waters, the size of the discharge, the quantity and
nature of pollutants reaching state waters and the treatment
methods used at the wastewater works.
3. The permittee shall notify the department in writing
whenever he is not complying, or has grounds for
anticipating he will not comply with the requirements of
subdivision 1 of this subsection. The notification shall
include a statement of reasons and a prompt schedule for
achieving compliance.
D. Lake level contingency plans. Any VPDES permit issued
for a surface water impoundment whose primary purpose is to
provide cooling water to power generators shall include a lake
level contingency plan to allow specific reductions in the flow
required to be released when the water level above the dam
drops below designated levels due to drought conditions, and
such plan shall take into account and minimize any adverse
effects of any release reduction requirements on downstream
users. This subsection shall not apply to any such facility that
addresses releases and flow requirements during drought
conditions in a Virginia Water Protection Permit.
E. Concentrated Animal Feeding Operations (CAFOs). The
activities of the CAFO shall not contravene the Water Quality
Standards, as amended and adopted by the board, or any
provision of the State Water Control Law. There shall be no
point source discharge of manure, litter or process wastewater
to surface waters of the state except in the case of an overflow
caused by a storm event greater than the 25-year, 24-hour
storm. Agricultural storm water discharges as defined in
subdivision C 3 of 9VAC25-31-130 are permitted. Domestic
sewage or industrial waste shall not be managed under the
Virginia Pollutant Discharge Elimination System General
Permit for CAFOs (9VAC25-191). Any permit issued to a
CAFO shall include:
1. Requirements to develop, implement and comply with a
nutrient management plan. At a minimum, a nutrient
management plan shall include best management practices
and procedures necessary to implement applicable effluent
limitations and standards. Permitted CAFOs must have
their nutrient management plans developed and
implemented and be in compliance with the nutrient
management plan as a requirement of the permit. The
nutrient management plan must, to the extent applicable:
a. Ensure adequate storage of manure, litter, and process
wastewater, including procedures to ensure proper
operation and maintenance of the storage facilities;
b. Ensure proper management of mortalities (i.e., dead
animals) to ensure that they are not disposed of in a
liquid manure, storm water, or process wastewater
storage or treatment system that is not specifically
designed to treat animal mortalities;
c. Ensure that clean water is diverted, as appropriate,
from the production area;
d. Prevent direct contact of confined animals with surface
waters of the state;
e. Ensure that chemicals and other contaminants handled
on site are not disposed of in any manure, litter, process
wastewater, or stormwater storage or treatment system
unless specifically designed to treat such chemicals and
other contaminants;
f. Identify appropriate site specific conservation practices
to be implemented, including as appropriate buffers or
equivalent practices, to control runoff of pollutants to
surface waters of the state;
g. Identify protocols for appropriate testing of manure,
litter, process wastewater and soil;
h. Establish protocols to land apply manure, litter or
process wastewater in accordance with site specific
nutrient management practices that ensure appropriate
agricultural utilization of the nutrients in the manure,
litter or process wastewater; and
i. Identify specific records that will be maintained to
document the implementation and management of the
minimum elements described above.
2. Recordkeeping requirements. The permittee must create,
maintain for five years, and make available to the director
upon request the following records:
a. All applicable records identified pursuant to
subdivision 1 i of this subsection;
b. In addition, all CAFOs subject to EPA Effluent
Guidelines for Feedlots (40 CFR Part 412) must comply
with recordkeeping requirements as specified in 40 CFR
412.37(b) and (c) and 40 CFR 412.47(b) and (c);
A copy of the CAFO's site-specific nutrient management
plan must be maintained on site and made available to the
director upon request.
3. Requirements relating to transfer of manure or process
wastewater to other persons. Prior to transferring manure,
litter or process wastewater to other persons, large CAFOs
must provide the recipient of the manure, litter or process
wastewater with the most current nutrient analysis. The
analysis provided must be consistent with the requirements
of EPA Effluent Guidelines for Feedlots (40 CFR Part
412). Large CAFOs must retain for five years records of
the date, recipient name and address and approximate
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amount of manure, litter or process wastewater transferred
to another person.
4. Annual reporting requirements for CAFOs. The
permittee must submit an annual report to the director. The
annual report must include:
a. The number and type of animals, whether in open
confinement or housed under roof (beef cattle, broilers,
layers, swine weighing 55 pounds or more, swine
weighing less than 55 pounds, mature dairy cows, dairy
heifers, veal calves, sheep and lambs, horses, ducks,
turkeys, other);
b. Estimated amount of total manure, litter and process
wastewater generated by the CAFO in the previous 12
months (tons/gallons);
c. Estimated amount of total manure, litter and process
wastewater transferred to other persons by the CAFO in
the previous 12 months (tons/gallons);
d. Total number of acres for land application covered by
the nutrient management plan developed in accordance
with subdivision 1 of this subsection;
e. Total number of acres under control of the CAFO that
were used for land application of manure, litter and
process wastewater in the previous 12 months;
f. Summary of all manure, litter and process wastewater
discharges from the production area that occurred in the
previous 12 months including date, time and approximate
volume;
g. A statement indicating whether the current version of
the CAFO's nutrient management plan was developed or
approved by a certified nutrient management planner;
and
h. The actual crop(s) planted and actual yield(s) for each
field, the actual nitrogen and phosphorus content of the
manure, litter, and process wastewater, the results of
calculations conducted in accordance with subdivisions 5
a (2) and 5 b (4) of this subsection, and the amount of
manure, litter, and process wastewater applied to each
field during the previous 12 months; and, for any CAFO
that implements a nutrient management plan that
addresses rates of application in accordance with
subdivision 5 b of this subsection, the results of any soil
testing for nitrogen and phosphorus taken during the
preceding 12 months, the data used in calculations
conducted in accordance with subdivision 5 b (4) of this
subsection, and the amount of any supplemental fertilizer
applied during the previous 12 months.
5. Terms of the nutrient management plan. Any permit
issued to a CAFO shall require compliance with the terms
of the CAFO's site-specific nutrient management plan. The
terms of the nutrient management plan are the information,
protocols, best management practices, and other conditions
in the nutrient management plan determined by the board
to be necessary to meet the requirements of subdivision 1
of this subsection. The terms of the nutrient management
plan, with respect to protocols for land application of
manure, litter, or process wastewater required by
subdivision 4 h of this subsection and, as applicable,
40 CFR 412.4(c), shall include the fields available for land
application; field-specific rates of application properly
developed, as specified in subdivisions 5 a and b of this
subsection, to ensure appropriate agricultural utilization of
the nutrients in the manure, litter, or process wastewater;
and any timing limitations identified in the nutrient
management plan concerning land application on the fields
available for land application. The terms shall address rates
of application using one of the following two approaches,
unless the board specifies that only one of these
approaches may be used:
a. Linear approach. An approach that expresses rates of
application as pounds of nitrogen and phosphorus,
according to the following specifications:
(1) The terms include maximum application rates from
manure, litter, and process wastewater for each year of
permit coverage, for each crop identified in the nutrient
management plan, in chemical forms determined to be
acceptable to the board, in pounds per acre, per year, for
each field to be used for land application, and certain
factors necessary to determine such rates. At a minimum,
the factors that are terms shall include: the outcome of
the field-specific assessment of the potential for nitrogen
and phosphorus transport from each field; the crops to be
planted in each field or any other uses of a field such as
pasture or fallow fields; the realistic yield goal for each
crop or use identified for each field; the nitrogen and
phosphorus recommendations from sources specified by
the board for each crop or use identified for each field;
credits for all nitrogen in the field that will be plant
available; consideration of multi-year phosphorus
application; and accounting for all other additions of
plant available nitrogen and phosphorus to the field. In
addition, the terms include the form and source of
manure, litter, and process wastewater to be land-applied;
the timing and method of land application; and the
methodology by which the nutrient management plan
accounts for the amount of nitrogen and phosphorus in
the manure, litter, and process wastewater to be applied.
(2) Large CAFOs that use this approach shall calculate
the maximum amount of manure, litter, and process
wastewater to be land applied at least once each year
using the results of the most recent representative
manure, litter, and process wastewater tests for nitrogen
and phosphorus taken within 12 months of the date of
land application; or
b. Narrative rate approach. An approach that expresses
rates of application as a narrative rate of application that
results in the amount, in tons or gallons, of manure, litter,
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and process wastewater to be land applied, according to
the following specifications:
(1) The terms include maximum amounts of nitrogen and
phosphorus derived from all sources of nutrients, for
each crop identified in the nutrient management plan, in
chemical forms determined to be acceptable to the board,
in pounds per acre, for each field, and certain factors
necessary to determine such amounts. At a minimum, the
factors that are terms shall include: the outcome of the
field-specific assessment of the potential for nitrogen and
phosphorus transport from each field; the crops to be
planted in each field or any other uses such as pasture or
fallow fields (including alternative crops identified in
accordance with subdivision 5 b (2) of this subsection);
the realistic yield goal for each crop or use identified for
each field; and the nitrogen and phosphorus
recommendations from sources specified by the board for
each crop or use identified for each field. In addition, the
terms include the methodology by which the nutrient
management plan accounts for the following factors
when calculating the amounts of manure, litter, and
process wastewater to be land applied: results of soil tests
conducted in accordance with protocols identified in the
nutrient management plan, as required by subdivision 1 g
of this subsection; credits for all nitrogen in the field that
will be plant available; the amount of nitrogen and
phosphorus in the manure, litter, and process wastewater
to be applied; consideration of multi-year phosphorus
application; accounting for all other additions of plant
available nitrogen and phosphorus to the field; the form
and source of manure, litter, and process wastewater; the
timing and method of land application; and volatilization
of nitrogen and mineralization of organic nitrogen.
(2) The terms of the nutrient management plan include
alternative crops identified in the CAFO's nutrient
management plan that are not in the planned crop
rotation. Where a CAFO includes alternative crops in its
nutrient management plan, the crops shall be listed by
field, in addition to the crops identified in the planned
crop rotation for that field, and the nutrient management
plan shall include realistic crop yield goals and the
nitrogen and phosphorus recommendations from sources
specified by the board for each crop. Maximum amounts
of nitrogen and phosphorus from all sources of nutrients
and the amounts of manure, litter, and process
wastewater to be applied shall be determined in
accordance with the methodology described in
subdivision 5 b (1) of this subsection.
(3) For CAFOs using this approach, the following
projections shall be included in the nutrient management
plan submitted to the board, but are not terms of the
nutrient management plan: the CAFO's planned crop
rotations for each field for the period of permit coverage;
the projected amount of manure, litter, or process
wastewater to be applied; projected credits for all
nitrogen in the field that will be plant available;
consideration of multi-year phosphorus application;
accounting for all other additions of plant available
nitrogen and phosphorus to the field; and the predicted
form, source, and method of application of manure, litter,
and process wastewater for each crop. Timing of
application for each field, insofar as it concerns the
calculation of rates of application, is not a term of the
nutrient management plan.
(4) CAFOs that use this approach shall calculate
maximum amounts of manure, litter, and process
wastewater to be land applied at least once each year
using the methodology required in subdivision 5 b (1) of
this subsection before land applying manure, litter, and
process wastewater and shall rely on the following data:
(a) A field-specific determination of soil levels of
nitrogen and phosphorus, including, for nitrogen, a
concurrent determination of nitrogen that will be plant
available consistent with the methodology required by
subdivision 5 b (1) of this subsection, and for
phosphorus, the results of the most recent soil test
conducted in accordance with soil testing requirements
approved by the board; and
(b) The results of most recent representative manure,
litter, and process wastewater tests for nitrogen and
phosphorus taken within 12 months of the date of land
application, in order to determine the amount of nitrogen
and phosphorus in the manure, litter, and process
wastewater to be applied.
9VAC25-31-300. Public comments and requests for public
hearings.
During the public comment period provided under 9VAC25-
31-290, any interested person may submit written comments
on the draft permit and may request a public hearing, if no
public hearing has already been scheduled. A request for a
public hearing shall be in writing and shall state the nature of
the issues proposed to be raised in the public hearing,
pursuant to the board's Procedural Rule No. 1 (9VAC25-230-
10 et seq.) or its successor meet the requirements of § 62.1-
44.15:02 B of the Code of Virginia. All comments shall be
considered in making the final decision and shall be answered
as provided in 9VAC25-31-320.
9VAC25-31-310. Public hearings.
A. 1. The board shall hold a public hearing whenever it
finds, on the basis of requests, a significant degree of public
interest in a draft permit or permits.
2. The board may also hold a public hearing at its
discretion, whenever, for instance, such a hearing might
clarify one or more issues involved in the permit decision.
3. Procedures for public hearings and permits before the
board are those set forth in § 62.1-44.15:02 of the Code of
Virginia.
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2. Public notice of the public hearing shall be given as
specified in 9VAC25-31-290 of this chapter.
4. 3. Any public hearing convened pursuant to this section
shall be held in the geographical area of the proposed
discharge, or in another appropriate area. Related groups of
permit applications may be considered at any such public
hearing.
B. Any person may submit oral or written statements and
data concerning the draft permit. Reasonable limits may be
set upon the time allowed for oral statements, and the
submission of statements in writing may be required. The
public comment period for the draft permit shall
automatically be extended to the close of any public hearing
under this section. The hearing officer may also extend the
comment period by so stating at the public hearing.
C. A tape recording or written transcript of the hearing shall
be made available to the public.
D. Proceedings at, and the decision from, the public hearing
will be governed by the board's Procedural Rule No. 1
(9VAC25-230-10 et seq.) or its successor § 62.1-44.15:02 of
the Code of Virginia.
VA.R. Doc. No. R14-3566; Filed December 30, 2013, 12:12 p.m.
Final Regulation
REGISTRAR'S NOTICE: The State Water Control Board is
claiming an exemption from the Administrative Process Act
in accordance with § 2.2-4006 A 8 of the Code of Virginia,
which exempts general permits issued by the State Water
Control Board pursuant to the State Water Control Law
(§ 62.1-44.2 et seq.), Chapter 24 (§ 62.1-242 et seq.) of Title
62.1, and Chapter 25 (§ 62.1-254 et seq.) of Title 62.1 if the
board (i) provides a Notice of Intended Regulatory Action in
conformance with the provisions of § 2.2-4007.01; (ii)
following the passage of 30 days from the publication of the
Notice of Intended Regulatory Action forms a technical
advisory committee composed of relevant stakeholders,
including potentially affected citizens groups, to assist in the
development of the general permit; (iii) provides notice and
receives oral and written comment as provided in § 2.2-
4007.03; and (iv) conducts at least one public hearing on the
proposed general permit.
Title of Regulation: 9VAC25-151. General Virginia
Pollutant Discharge Elimination System (VPDES) Permit
for Discharges of Storm Water Associated with Industrial
Activity (amending 9VAC25-151-10, 9VAC25-151-20,
9VAC25-151-40 through 9VAC25-151-90, 9VAC25-151-
110 through 9VAC25-151-350, 9VAC25-151-370; adding
9VAC25-151-15; repealing 9VAC25-151-65).
Statutory Authority: § 62.1-44.15 of the Code of Virginia;
§ 402 of the Clean Water Act; 40 CFR Parts 122, 123, and
124.
Effective Date: July 1, 2014.
Agency Contact: Burton R. Tuxford, Department of
Environmental Quality, 629 East Main Street, P.O. Box 1105,
Richmond, VA 23218, telephone (804) 698-4086, FAX (804)
698-4032, TTY (804) 698-4021, or email
Summary:
This regulatory action reissues the existing Virginia
Pollutant Discharge Elimination System Industrial Activity
Storm Water General Permit (VAR05) that expires on June
30, 2014, and is based primarily on the U.S.
Environmental Protection Agency's 2008 final Multi-
Sector General Permit. The general permit establishes
permit conditions and monitoring requirements for point
source discharges of storm water associated with
industrial activity to surface waters. The general permit
regulation is reissued to make it available for these
facilities to continue to discharge and will be effective for
five years beginning July 1, 2014, and expiring June 30,
2019.
9VAC25-151-10. Definitions.
The words and terms used in this chapter shall have the
meanings defined in the State Water Control Law (§ 62.1-
44.2 et seq. of the Code of Virginia) and the VPDES Permit
Regulation (9VAC25-31) unless the context clearly indicates
otherwise, except that for the purposes of this chapter:
"Best management practices" or "BMPs" means schedules
of activities, practices (and prohibitions of practices),
structures, vegetation, maintenance procedures, and other
management practices to prevent or reduce the discharge of
pollutants to surface waters. BMPs also include treatment
requirements, operating procedures, and practices to control
plant site runoff, spillage or leaks, sludge or waste disposal,
or drainage from raw material storage.
[ "Board" means the Virginia State Water Control Board or
State Water Control Board. ]
"Closed landfill" means a landfill that, on a permanent basis,
will no longer receive waste and has completed closure in
accordance with applicable federal, state, or local
requirements.
"Coal pile runoff" means the rainfall runoff from or through
any coal storage pile.
"Colocated industrial activity" means when a facility has
any industrial activities being conducted activity, excluding
the facility's primary industrial activity, located on-site that
are described under more than one of the industrial sectors of
9VAC25-151-90 through 9VAC25-151-370 meets the
description of a category included in the "industrial activity"
definition. An activity at a facility is not considered colocated
if the activity, when considered separately, does not meet the
description of a category included in the "industrial activity"
definition or identified by the Standard Industrial
Classification (SIC) code list in Table 50-2 in 9VAC25-151-
50.
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"Commercial treatment and disposal facilities" means
facilities that receive, on a commercial basis, any produced
hazardous waste (not their own) and treat or dispose of those
wastes as a service to the generators. Such facilities treating
or disposing exclusively residential hazardous wastes are not
included in this definition.
"Control measure" means any best management practice or
other method (including effluent limitations) used to prevent
or reduce the discharge of pollutants to surface waters.
"Department" or "DEQ" means the Virginia Department of
Environmental Quality.
"Director" means the Director of the Department of
Environmental Quality or an authorized representative.
"Existing discharger" means an operator applying for
coverage under this permit for discharges authorized
previously under a VPDES general or individual permit.
"Impaired water" means a water is impaired, for purposes of
this chapter if it, a water that has been identified by Virginia
pursuant to § 303(d) of the Clean Water Act as not meeting
applicable water quality standards (these waters are called
"water quality limited segments" under 40 CFR 30.2(j)).
Impaired waters include both waters with approved or
established TMDLs, and those for which a TMDL has not yet
been approved or established.
"Inactive landfill" means a landfill that, on a permanent
basis, will no longer receive waste and has completed closure
in accordance with any applicable federal, state, or local
requirements.
"Industrial activity" - the following categories of facilities
are considered to be engaging in "industrial activity":
(1) 1. Facilities subject to storm water effluent limitations
guidelines, new source performance standards, or toxic
pollutant effluent standards under 40 CFR Subchapter N
(2007) (except facilities with toxic pollutant effluent
standards which are exempted under category (10) of this
definition);
(2) 2. Facilities classified as Standard Industrial
Classification (SIC) 24 (except 2434), 26 (except 265 and
267), 28 (except 283 and 285), 29, 311, 32 (except 323),
33, 3441, and 373 (Office of Management and Budget
(OMB) SIC Manual, 1987);
(3) 3. Facilities classified as SIC 10 through 14 (mineral
industry) (OMB SIC Manual, 1987) including active or
inactive mining operations (except for areas of coal mining
operations no longer meeting the definition of a
reclamation area under 40 CFR 434.11(l) (2007) because
the performance bond issued to the facility by the
appropriate Surface Mining Control and Reclamation Act
of 1977 (SMCRA) (30 USC § 1201 et seq.) authority has
been released, or except for areas of noncoal mining
operations which have been released from applicable state
or federal reclamation requirements after December 17,
1990) and oil and gas exploration, production, processing,
or treatment operations, or transmission facilities that
discharge storm water contaminated by contact with or that
has come into contact with, any overburden, raw material,
intermediate products, finished products, byproducts or
waste products located on the site of such operations;
(inactive mining operations are mining sites that are not
being actively mined, but which have an identifiable
owner/operator; inactive mining sites do not include sites
where mining claims are being maintained prior to
disturbances associated with the extraction, benefication,
or processing of mined materials, nor sites where minimal
activities are undertaken for the sole purpose of
maintaining a mining claim);
(4) 4. Hazardous waste treatment, storage, or disposal
facilities, including those that are operating under interim
status or a permit under Subtitle C of the Resource
Conservation and Recovery Act (RCRA) (42 USC § 6901
et seq.);
(5) 5. Landfills, land application sites, and open dumps that
receive or have received any industrial wastes (waste that
is received from any of the facilities described under this
definition, and debris/wastes from Department of
Conservation and Recreation [ Virginia Stormwater
Management Program (VSMP) VPDES ] regulated
construction activities/sites) including those that are
subject to regulation under Subtitle D of RCRA;
(6) 6. Facilities involved in the recycling of materials,
including metal scrapyards, battery reclaimers, salvage
yards, and automobile junkyards, including but limited to
those classified as Standard Industrial Classification Codes
5015 and 5093 (OMB SIC Manual, 1987);
(7) 7. Steam electric power generating facilities, including
coal handling sites;
(8) 8. Transportation facilities classified as SIC Codes 40,
41, 42 (except 4221-4225), 43, 44, 45, and 5171 (OMB
SIC Manual, 1987) which have vehicle maintenance shops,
equipment cleaning operations, or airport deicing
operations. Only those portions of the facility that are
either involved in vehicle maintenance (including vehicle
rehabilitation, mechanical repairs, painting, fueling, and
lubrication), equipment cleaning operation, airport deicing
operation, or which are otherwise identified under
categories 1 through 7 or 9 and 10 of this definition are
associated with industrial activity;
(9) 9. Treatment works treating domestic sewage or any
other sewage sludge or wastewater treatment device or
system used in the storage treatment, recycling, and
reclamation of municipal or domestic sewage, including
land dedicated to the disposal of sewage sludge that is
located within the confines of the facility, with a design
flow of 1.0 MGD or more, or required to have an approved
POTW pretreatment program under 9VAC25-31. Not
included are farm lands, domestic gardens or lands used for
sludge management where sludge is beneficially reused
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and which are not physically located in the confines of the
facility, or areas that are in compliance with 9VAC25-31-
420 through 9VAC25-31- 720;
(10) 10. Facilities under SIC Codes 20, 21, 22, 23, 2434,
25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34
(except 3441), 35, 36, 37 (except 373), 38, 39, 4221-4225
(OMB SIC Manual, 1987).
"Industrial storm water" means storm water runoff
associated with the definition of "storm water discharge
associated with from industrial activity."
"Land application unit" means an area where wastes are
applied onto or incorporated into the soil surface (excluding
manure spreading operations) for treatment or disposal.
"Landfill" means an area of land or an excavation in which
wastes are placed for permanent disposal, and that is not a
land application unit, surface impoundment, injection well, or
waste pile.
"Large and medium municipal separate storm sewer system"
means all municipal separate storm sewers that are located in
the following municipalities: the City of Norfolk; the City of
Virginia Beach; Fairfax County; the City of Chesapeake; the
City of Hampton; Prince William County; Arlington County;
Chesterfield County; Henrico County; the City of Newport
News; and the City of Portsmouth.
"Measurable storm event" means a storm event that results
in an actual discharge from a site.
"Minimize" means reduce or eliminate to the extent
achievable using control measures (including best
management practices) that are technologically available and
economically practicable and achievable in light of best
industry practice.
"MS4" means a municipal separate storm sewer system.
"Municipal separate storm sewer" means a conveyance or
system of conveyances (including roads with drainage
systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains): (i) owned or
operated by a state, city, town, borough, county, parish,
district, association, or other public body (created by or
pursuant to state law) having jurisdiction over disposal of
sewage, industrial wastes, storm water, or other wastes,
including special districts under state law such as a sewer
district, flood control district or drainage district, or similar
entity, or an Indian tribe or an authorized Indian tribal
organization, or a designated and approved management
agency under § 208 of the CWA that discharges to surface
waters of the state; (ii) designed or used for collecting or
conveying storm water; (iii) which is not a combined sewer;
and (iv) which is not part of a Publicly Owned Treatment
Works (POTW).
"No exposure" means all industrial materials or activities are
protected by a storm-resistant shelter to prevent exposure to
rain, snow, snowmelt, and/or or runoff.
"Primary industrial activity" includes any activities
performed on-site which are:
1. Identified by the facility's primary SIC code; or
2. Included in the narrative descriptions of the definition of
"industrial activity."
Narrative descriptions in the "industrial activity" definition
include: category 1 activities subject to stormwater effluent
limitations guidelines, new source performance standards,
or toxic pollutant effluent standards; category 4 hazardous
waste treatment storage or disposal facilities, including
those that are operating under interim status or a permit
under subtitle C of the Resource Conservation and
Recovery Act RCRA; category 5 landfills, land application
sites, and open dumps that receive or have received
industrial wastes; category 7 steam electric power
generating facilities; and category 9 sewage treatment
works with a design flow of 1.0 mgd or more.
For colocated activities covered by multiple SIC codes, the
primary industrial determination should be based on the value
of receipts or revenues, or, if such information is not available
for a particular facility, the number of employees or
production rate for each process may be compared. The
operation that generates the most revenue or employs the
most personnel is the operation in which the facility is
primarily engaged. In situations where the vast majority of
on-site activity falls within one SIC code, that activity may be
the primary industrial activity.
"Runoff coefficient" means the fraction of total rainfall that
will appear at the conveyance as runoff.
"Section 313 water priority chemicals" means a chemical or
chemical categories which: (i) are listed at 40 CFR 372.65
(2007) pursuant to § 313 of the Emergency Planning and
Community Right-to-Know Act (EPCRA) (also known as
Title III of the Superfund Amendments and Reauthorization
Act (SARA) of 1986) (42 USC § 11001 et seq.); (ii) are
present at or above threshold levels at a facility subject to
EPCRA § 313 reporting requirements; and (iii) that meet at
least one of the following criteria: (a) are listed in Appendix
D of 40 CFR Part 122 (2007) on either Table II (Organic
priority pollutants), Table III (Certain metals, cyanides and
phenols) or Table V (Certain toxic pollutants and hazardous
substances); (b) are listed as a hazardous substance pursuant
to § 311(b)(2)(A) of the Clean Water Act at 40 CFR 116.4
(2007); or (c) are pollutants for which EPA has published
acute or chronic water quality criteria.
"Significant materials" includes, but is not limited to: raw
materials; fuels; materials such as solvents, detergents, and
plastic pellets; finished materials such as metallic products;
raw materials used in food processing or production;
hazardous substances designated under § 101(14) of the
Comprehensive Environmental Response, Compensation and
Liability Act (CERCLA) (42 USC § 9601 et seq.); any
chemical the facility is required to report pursuant to EPCRA
§ 313; fertilizers; pesticides; and waste products such as
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ashes, slag and sludge that have the potential to be released
with storm water discharges.
"Significant spills" includes, but is not limited to: releases of
oil or hazardous substances in excess of reportable quantities
under § 311 of the Clean Water Act (see 40 CFR 110.10
(2007) and 40 CFR 117.21 (2007))) or § 102 of CERCLA
(see 40 CFR 302.4 (2007))).
[ "Site" means the land or water area where any facility or
activity is physically located or conducted, including adjacent
land used in connection with the facility or activity. ]
"Small municipal separate storm sewer system" or "Small
MS4" means all separate storm sewers that are: (i) owned or
operated by the United States, a state, city, town, borough,
county, parish, district, association, or other public body
(created by or pursuant to state law) having jurisdiction over
disposal of sewage, industrial wastes, storm water, or other
wastes, including special districts under state law such as a
sewer district, flood control district or drainage district, or
similar entity, or an Indian tribe or an authorized Indian tribal
organization, or a designated and approved management
agency under subsection 208 of the CWA that discharges to
surface waters and (ii) not defined as "large" or "medium"
municipal separate storm sewer systems, or designated under
9VAC25-31-120 A 1. This term includes systems similar to
separate storm sewer systems in municipalities, such as
systems at military bases, large hospital or prison complexes,
and highways and other thoroughfares. The term does not
include separate storm sewers in very discrete areas, such as
individual buildings.
"Storm water" means storm water runoff, snow melt runoff,
and surface runoff and drainage.
"Storm water discharge associated with industrial activity"
means the discharge from any conveyance which is used for
collecting and conveying storm water and that is directly
related to manufacturing, processing or raw materials storage
areas at an industrial plant. The term does not include
discharges from facilities or activities excluded from the
VPDES program under 9VAC25-31. For the categories of
industries identified in the "industrial activity" definition, the
term includes, but is not limited to, storm water discharges
from industrial plant yards; immediate access roads and rail
lines used or traveled by carriers of raw materials,
manufactured products, waste material, or by-products used
or created by the facility; material handling sites; refuse sites;
sites used for the application or disposal of process
wastewaters; sites used for the storage and maintenance of
material handling equipment; sites used for residual
treatment, storage, or disposal; shipping and receiving areas;
manufacturing buildings; storage areas (including tank farms)
for raw materials, and intermediate and final products; and
areas where industrial activity has taken place in the past and
significant materials remain and are exposed to storm water.
For the purposes of this definition, material handling
activities include the storage, loading and unloading,
transportation, or conveyance of any raw material,
intermediate product, final product, by-product or waste
product. The term excludes areas located on plant lands
separate from the plant's industrial activities, such as office
buildings and accompanying parking lots, as long as the
drainage from the excluded areas is not mixed with storm
water drained from the above described areas. Industrial
facilities include those that are federally, state, or municipally
owned or operated that meet the description of the facilities
listed in the "industrial activity" definition. The term also
includes those facilities designated under the provisions of
9VAC25-31-120 A 1 c, or under 9VAC25-31-120 A 7 a (1)
or (2) of the VPDES Permit Regulation.
"Total maximum daily load" or "TMDL" means a
calculation of the maximum amount of a pollutant that a
waterbody can receive and still meet water quality standards,
and an allocation of that amount to the pollutant's sources. A
TMDL includes wasteload allocations (WLAs) for point
source discharges, load allocations (LAs) for nonpoint
sources and/or natural background, and must include a margin
of safety (MOS) and account for seasonal variations.
"Virginia Environmental Excellence Program" or "VEEP"
means a voluntary program established by the department to
provide public recognition and regulatory incentives to
encourage higher levels of environmental performance for
program participants that develop and implement
environmental management systems (EMSs). The program is
based on the use of EMSs that improve compliance, prevent
pollution, and utilize other measures to improve
environmental performance.
"Waste pile" means any noncontainerized accumulation of
solid, nonflowing waste that is used for treatment or storage.
9VAC25-151-15. Applicability of incorporated references
based on the dates that they became effective.
Except as noted, when a regulation of the U.S.
Environmental Protection Agency set forth in Title 40 CFR is
referenced and incorporated herein, that regulation shall be as
it exists and has been published as of July 1, [ 2012 2013 ].
9VAC25-151-20. Purpose.
This general permit regulation governs all new and existing
storm water discharges associated with industrial activity
from facilities in any of the industrial activity categories
defined in 9VAC25-151-10 (Definitions), through a point
source to surface waters, or through a municipal or
nonmunicipal separate storm sewer system to surface waters.
This regulation also governs storm water discharges
designated by the board for permitting under the provisions of
9VAC25-31-120 A 1 c, or under 9VAC25-31-120 A 7 a (1)
or (2) of the VPDES Permit Regulation.
9VAC25-151-40. Effective date of the permit.
This general permit will become effective on July 1, 2009
2014. This general permit will expire on June 30, 2014 2019.
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1471
9VAC25-151-50. Authorization to discharge.
A. To be eligible to discharge under this permit, an owner
must (i) have a stormwater discharge associated with
industrial activity from the facility's primary industrial
activity, as defined in 9VAC25-151-10 (Definitions),
provided the primary industrial activity is included in Table
50-2 of this section, or (ii) be notified that discharges from
the facility have been designated by the board for permitting
under the provisions of 9VAC25-31-120 A 1 c, or under
9VAC25-31-120 A 7 a (1) or (2) of the VPDES Permit
Regulation, and are eligible for coverage under Sector AD of
this permit.
Any owner governed by this general permit is hereby
authorized to discharge storm water associated with industrial
activity (as defined in this regulation), as defined in this
chapter, to surface waters of the Commonwealth of Virginia
provided that the:
1. The owner files the submits a registration statement of in
accordance with 9VAC25-151-60, pays any fees and that
registration statement is accepted by the board;
2. The owner submits the required by 9VAC25-20,
receives a copy of the general permit, and permit fee;
3. The owner complies with the applicable requirements of
9VAC25-151-70 et seq.; and provided that:
4. The board has not notified the owner that the discharge
is ineligible for coverage in accordance with subsection B
of this section.
B. The board will notify an owner that the discharge is not
eligible for coverage under this general permit in the event of
any of the following:
1. The owner is required to obtain an individual permit in
accordance with 9VAC25-31-170 B 3 of the VPDES
Permit Regulation;
2. The owner is proposing to discharge to state waters
specifically named in other board regulations that prohibit
such discharges;
3. The discharge violates or would violate the
antidegradation policy in the Water Quality Standards at
9VAC25-260-30; or
4. The discharge is not consistent with the assumptions and
requirements of an approved TMDL. Note: Virginia's
[ Phase I ] Chesapeake Bay TMDL Watershed
Implementation Plan (November 29, 2010) [ requires
states ] that waste loads [ for future growth ] for new
facilities in the Chesapeake Bay watershed with industrial
stormwater discharges [ not cannot ] exceed the nutrient
and sediment loadings that were discharged prior to the
land being developed for the [ new ] industrial activity. For
purposes of this permit regulation, facilities [ constructed
that commence construction ] after [ November 29, 2010
June 30, 2014 ], must be consistent with this requirement
to be eligible for coverage under this general permit.
C. 1. Facilities with colocated industrial activities on-site
shall comply with all applicable effluent limitations,
monitoring and pollution prevention plan requirements of
each section of 9VAC25-151-70 et seq. in which a colocated
industrial activity is described;.
2. Storm water discharges associated with industrial
activity that are mixed with other discharges (both storm
water and nonstorm water) requiring a VPDES permit are
authorized by this permit, provided that the owner obtains
coverage under this VPDES general permit for the
industrial activity discharges, and a VPDES general or
individual permit for the other discharges. The owner shall
comply with the terms and requirements of each permit
obtained that authorizes any component of the discharge;.
3. The storm water discharges authorized by this permit
may be combined with other sources of storm water which
are not required to be covered under a VPDES permit, so
long as the combined discharge is in compliance with this
permit; and.
4. Authorized nonstorm water discharges. The following
"nonstorm water" discharges are authorized by this permit:
a. Discharges from fire fighting activities;
b. Fire hydrant flushings;
c. Potable water, including water line flushings;
d. Uncontaminated air conditioning or compressor
condensate (excluding air compressors) condensate from
air conditioners, coolers, and other compressors and from
the outside storage of refrigerated gases or liquids;
e. Irrigation drainage;
f. Landscape watering provided all pesticides, herbicides,
and fertilizer have been applied in accordance with
manufacturer's instructions the approved labeling;
g. Pavement wash waters where no detergents are used
and no spills or leaks of toxic or hazardous materials
have occurred (unless all spilled material has been
removed);
h. Routine external building wash down washdown that
does not use detergents;
i. Uncontaminated ground water or spring water;
j. Foundation or footing drains where flows are not
contaminated with process materials; and
k. Incidental windblown mist from cooling towers that
collects on rooftops or adjacent portions of the facility,
but not intentional discharges from the cooling tower
(e.g., "piped" cooling tower blowdown or drains).
5. Storm water discharges associated with construction
activity that are regulated under [ the Virginia Stormwater
Management Program (VSMP) a VPDES permit ] are not
authorized by this permit.
6. Discharges subject to storm water effluent limitation
guidelines under 40 CFR Subchapter N (Effluent
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1472
Guidelines and Standards). Only those storm water
discharges subject to storm water effluent limitation
guidelines under 40 CFR Subchapter N that are identified
in Table 50-1 of this subsection are eligible for coverage
under this permit.
TABLE 50 - 1
STORM WATER-SPECIFIC EFFLUENT LIMITATION
GUIDELINES.
Effluent Limitation Guideline
Sectors with
Affected
Facilities
Runoff from material storage piles at
cement manufacturing facilities (40
CFR Part 411 Subpart C (established
February 20, 1974))
E
Contaminated runoff from phosphate
fertilizer manufacturing facilities (40
CFR Part 418 Subpart A (established
April 8, 1974))
C
Coal pile runoff at steam electric
generating facilities (40 CFR Part 423
(established November 19, 1982))
O
Discharges resulting from spray down
or intentional wetting of logs at wet
deck storage areas (40 CFR Part 429
Subpart I (established January 26,
1981))
A
Runoff from asphalt emulsion facilities
(40 CFR Part 443 Subpart A
(established July 24, 1975))
D
Runoff from landfills (40 CFR Part
445 Subparts A and B (established
January 19, 2000))
K and L
Discharges from airport deicing
operations, (40 CFR Part 449
(established May 16, 2012))
S
7. Permit eligibility is limited to discharges from facilities
in the "sectors" of industrial activity summarized in Table
50-2 of this subsection. These sector descriptions are based
on Standard Industrial Classification (SIC) Codes and
Industrial Activity Codes. References to "sectors" in this
permit (e.g., sector-specific monitoring requirements) refer
to these groupings.
B. Limitations on coverage.
1. The owner shall not be authorized to discharge under
this general permit if the owner has been required to obtain
an individual permit pursuant to 9VAC25-31-170 B;
2. The owner shall not be authorized by this general permit
to discharge to state waters specifically named in other
board regulations or policies which prohibit such
discharges;
3. The following storm water discharges associated with
industrial activity are not authorized by this permit:
a. Discharges that are located at a facility where a
VPDES permit has been terminated (other than at the
request of the permittee) or denied;
b. Discharges that the director determines cause, or may
reasonably be expected to cause, or be contributing to a
violation of a water quality standard;
c. Discharges subject to effluent limitation guidelines,
not described under 9VAC25-151-70, Table 70-2;
d. Discharges to waters for which a "total maximum
daily load" (TMDL) allocation has been established by
the board and approved by EPA prior to the term of this
permit, unless the owner develops, implements, and
maintains a storm water pollution prevention plan
(SWPPP) that is consistent with the assumptions and
requirements of the TMDL. This only applies where the
facility is a source of the TMDL pollutant of concern.
The SWPPP shall specifically address any conditions or
requirements included in the TMDL that are applicable to
discharges from the facility. If the TMDL establishes a
specific numeric wasteload allocation that applies to
discharges from the facility, the owner shall implement
BMPs designed to meet that allocation;
e. New dischargers that discharge to impaired waters for
which a TMDL has not been established by the board and
approved by EPA unless:
(1) The discharger prevents all exposure to stormwater of
the pollutant(s) for which the waterbody is impaired, and
retains documentation of the procedures taken to prevent
exposure onsite with the SWPPP required by 9VAC25-
151-70;
(2) The discharger documents that the pollutant(s) for
which the waterbody is impaired is not present at the site,
and retains documentation of this finding with the
SWPPP required by 9VAC25-151-70; or
(3) Prior to submitting a registration statement, the
discharger provides to the appropriate DEQ regional
office data to support a showing that the discharge is not
expected to cause or contribute to an exceedance of a
water quality standard. The discharger shall provide data
and other technical information to the regional office
sufficient to demonstrate that the discharge of the
pollutant for which the water is impaired will meet in-
stream water quality criteria at the point of discharge to
the waterbody. The discharges from the facility are
authorized under this permit if the discharger receives an
affirmative determination from the regional office that
the discharges will not contribute to the existing
impairment. The discharger shall maintain the supporting
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data and the regional office determination onsite with the
SWPPP required by 9VAC25-151-70; and
f. Discharges that do not comply with Virginia's
antidegradation policy for water quality standards under
9VAC25-260-30. If authorization to discharge under this
general permit will not comply with the antidegradation
requirements, an individual permit application may be
required to allow a discharge that meets the requirements
for high quality waters in 9VAC25-260-30 A 2, or
permits may be denied to meet the requirements for
exceptional waters in 9VAC25-260-30 A 3.
4. Facilities covered. Permit eligibility is limited to
discharges from facilities in the "sectors" of industrial
activity based on Standard Industrial Classification (SIC)
codes and Industrial Activity codes summarized in Table
50-1. References to "sectors" in this permit refer to these
sectors.
5. Storm water discharges associated with construction
activity that are regulated under the Department of
Conservation and Recreation VSMP permit program are
not authorized by this permit.
TABLE 50-1 2
SECTORS OF INDUSTRIAL ACTIVITY COVERED BY
THIS PERMIT.
SIC Code or
Activity Code
Activity Represented
Sector A: Timber Products
2411 Log Storage and Handling (Wet
(wet deck storage areas are only
authorized if no chemical additives
are used in the spray water or
applied to the logs).
2421 General Sawmills and Planning
Mills.
2426 Hardwood Dimension and
Flooring Mills.
2429 Special Product Sawmills, Not
Elsewhere Classified.
2431-2439
(except 2434
- see Sector
W)
Millwork, Veneer, Plywood, and
Structural Wood.
2441, 2448,
2449
Wood Containers.
2451, 2452 Wood Buildings and Mobile
Homes.
2491 Wood Preserving.
2493 Reconstituted Wood Products.
2499 Wood Products, Not Elsewhere
Classified (includes SIC Code
24991303 - Wood, Mulch and
Bark facilities).
Sector B: Paper and Allied Products
2611 Pulp Mills.
2621 Paper Mills.
2631 Paperboard Mills.
2652-2657 Paperboard Containers and Boxes.
2671-2679 Converted Paper and Paperboard
Products, Except except
Containers and Boxes.
Sector C: Chemical and Allied Products
2812-2819 Industrial Inorganic Chemicals.
2821-2824 Plastics Materials and Synthetic
Resins, Synthetic Rubber,
Cellulosic and Other Manmade
Fibers, Except except Glass.
2833-2836 Medicinal Chemicals and
Botanical Products;
Pharmaceutical Preparations; In
Vitro and In Vivo Diagnostic
Substances; Biological Products,
Except except Diagnostic
Substances.
2841-2844 Soaps, Detergents, and Cleaning
Preparations; Perfumes,
Cosmetics, and Other Toilet
Preparations.
2851 Paints, Varnishes, Lacquers,
Enamels, and Allied Products.
2861-2869 Industrial Organic Chemicals.
2873-2879 Agricultural Chemicals (includes
SIC Code 2875 - Composting
Facilities).
2891-2899 Miscellaneous Chemical Products.
3952
(limited to
list)
Inks and Paints, Including China
Painting Enamels, India Ink,
Drawing Ink, Platinum Paints for
Burnt Wood or Leather Work,
Paints for China Painting, Artist's
Paints and Artist's Watercolors.
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Sector D: Asphalt Paving and Roofing Materials and
Lubricants
2951, 2952 Asphalt Paving and Roofing
Materials.
2992, 2999 Miscellaneous Products of
Petroleum and Coal.
Sector E: Glass Clay, Cement, Concrete, and Gypsum
Products.
3211 Flat Glass.
3221, 3229 Glass and Glassware, Pressed or
Blown.
3231 Glass Products Made of Purchased
Glass.
3241 Hydraulic Cement.
3251-3259 Structural Clay Products.
3261-3269 Pottery and Related Products.
3274, 3275 Concrete, Gypsum and Plaster
Products, Except: Concrete Block
and Brick; Concrete Products,
Except except Block and Brick;
and Ready-mixed Ready-Mixed
Concrete Facilities (SIC 3271-
3273).
3281 Cut Stone and Stone Products
3291-3299 Abrasive, Asbestos, and
Miscellaneous Non-metallic Non-
Metallic Mineral Products.
Sector F: Primary Metals
3312-3317 Steel Works, Blast Furnaces, and
Rolling and Finishing Mills.
3321-3325 Iron and Steel Foundries.
3331-3339 Primary Smelting and Refining of
Nonferrous Metals.
3341 Secondary Smelting and Refining
of Nonferrous Metals.
3351-3357 Rolling, Drawing, and Extruding
of Nonferrous Metals.
3363-3369 Nonferrous Foundries (Castings).
3398, 3399 Miscellaneous Primary Metal
Products.
Sector G: Metal Mining (Ore Mining and Dressing)
1011 Iron Ores.
1021 Copper Ores.
1031 Lead and Zinc Ores.
1041, 1044 Gold and Silver Ores.
1061 Ferroalloy Ores, Except
Vanadium.
1081 Metal Mining Services.
1094, 1099 Miscellaneous Metal Ores.
Sector H: Coal Mines and Coal Mining Related Facilities
1221-1241 Coal Mines and Coal Mining-
Related Facilities.
Sector I: Oil and Gas Extraction and Refining
1311 Crude Petroleum and Natural Gas.
1321 Natural Gas Liquids.
1381-1389 Oil and Gas Field Services.
2911 Petroleum Refineries.
Sector J: Mineral Mining and Dressing Facilities (SIC
1411-1499) are not authorized under this permit.
Sector K: Hazardous Waste Treatment, Storage, or Disposal
Facilities
HZ Hazardous Waste Treatment
Storage or Disposal.
Sector L: Landfills and Land Application Sites
LF Landfills, Land Application Sites,
and Open Dumps.
Sector M: Automobile Salvage Yards
5015 Automobile Salvage Yards.
Sector N: Scrap Recycling Facilities
5093 Scrap Recycling Facilities.
4499 (limited
to list)
Dismantling Ships, Marine
Salvaging, and Marine Wrecking -
Ships For for Scrap.
Sector O: Steam Electric Generating Facilities
SE Steam Electric Generating
Facilities.
Sector P: Land Transportation and Warehousing
4011, 4013 Railroad Transportation.
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4111-4173 Local and Highway Passenger
Transportation.
4212-4231 Motor Freight Transportation and
Warehousing.
4311 United States Postal Service.
5171 Petroleum Bulk Stations and
Terminals.
Sector Q: Water Transportation
4412-4499
(except 4499
facilities as
specified in
Sector N)
Water Transportation.
Sector R: Ship and Boat Building or Repairing Yards
3731, 3732 Ship and Boat Building or
Repairing Yards.
Sector S: Air Transportation
4512-4581 Air Transportation Facilities.
Sector T: Treatment Works
TW Treatment Works.
Sector U: Food and Kindred Products
2011-2015 Meat Products.
2021-2026 Dairy Products.
2032-2038 Canned, Frozen, and Preserved
Fruits, Vegetables, and Food
Specialties.
2041-2048 Grain Mill Products.
2051-2053 Bakery Products.
2061-2068 Sugar and Confectionery Products.
2074-2079 Fats and Oils.
2082-2087 Beverages.
2091-2099 Miscellaneous Food Preparations
and Kindred Products.
2111-2141 Tobacco Products.
Sector V: Textile Mills, Apparel, and Other Fabric Product
Manufacturing, Leather and Leather Products
2211-2299 Textile Mill Products.
2311-2399 Apparel and Other Finished
Products Made From from Fabrics
and Similar Materials.
3131-3199
(except 3111 -
see Sector Z)
Leather and Leather Products,
except Leather Tanning and
Finishing.
Sector W: Furniture and Fixtures
2434 Wood Kitchen Cabinets.
2511-2599 Furniture and Fixtures.
Sector X: Printing and Publishing
2711-2796 Printing, Publishing, and Allied
Industries.
Sector Y: Rubber, Miscellaneous Plastic Products, and
Miscellaneous Manufacturing Industries.
3011 Tires and Inner Tubes.
3021 Rubber and Plastics Footwear.
3052, 3053 Gaskets, Packing, and Sealing
Devices and Rubber and Plastics
Hose and Belting.
3061, 3069 Fabricated Rubber Products, Not
Elsewhere Classified.
3081-3089 Miscellaneous Plastics Products.
3931 Musical Instruments.
3942-3949 Dolls, Toys, Games, and Sporting
and Athletic Goods.
3951-3955
(except 3952
facilities as
specified in
Sector C)
Pens, Pencils, and Other Artists'
Materials.
3961, 3965 Costume Jewelry, Costume
Novelties, Buttons, and
Miscellaneous Notions, Except
Precious Metal.
3991-3999 Miscellaneous Manufacturing
Industries.
Sector Z: Leather Tanning and Finishing
3111 Leather Tanning, Currying, and
Finishing.
Sector AA: Fabricated Metal Products
3411–3499 Fabricated Metal Products, Except
except Machinery and
Transportation Equipment.
3911–3915 Jewelry, Silverware, and Plated
Ware
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Sector AB: Transportation Equipment, Industrial or
Commercial Machinery
3511-3599
(except 3571-
3579 - see
Sector AC)
Industrial and Commercial
Machinery (Except (except
Computer and Office Equipment).
3711-3799
(except 3731,
3732 - see
Sector R)
Transportation Equipment (Except
(except Ship and Boat Building
and Repairing).
Sector AC: Electronic, Electrical, Photographic, and Optical
Goods
3571-3579 Computer and Office Equipment.
3612-3699 Electronic, and Other Electrical
Equipment and Components,
Except except Computer
Equipment.
3812-3873 Measuring, Analyzing, and
Controlling Instrument
Instruments; Photographic,
Medical, and Optical Goods;
Watches and Clocks.
Sector AD: Nonclassified Facilities/Storm Water
Discharges Designated By by the Board As as Requiring
Permits
N/A Other Storm Water Discharges
Designated By by the Board As
Needing a Permit (see for
Permitting under the Provisions of
9VAC25-31-120 A 1 c)c, or Any
Facility Discharging Storm Water
Associated With Industrial
Activity Not Described By Any of
Sectors A-AC under 9VAC25-31-
120 A 7 a (1) or (2) of the VPDES
Permit Regulation.
Note: Facilities may not elect to be
covered under Sector AD. Only
the board may assign a facility to
Sector AD.
C. D. Conditional exclusion for no exposure. If an Any
owner is covered by this permit, but later is able to file a no
exposure certification to be excluded who becomes eligible
for a no exposure exclusion from permitting under 9VAC25-
31-120 E, the owner is no longer authorized by nor required
to comply with this permit. If the owner is no longer required
to have permit coverage due to a no exposure exclusion, may
file a no exposure certification. Upon submission and
acceptance by the board of a complete and accurate no
exposure certification, the permit requirements no longer
apply, and the owner is not required to submit a notice of
termination. A no exposure certification must be submitted to
the board once every five years.
D. Receipt of E. Compliance with this general permit
constitutes compliance with the federal Clean Water Act and
the State Water Control Law, with the exceptions stated in
9VAC25-31-60 of the VPDES Permit Regulation. Approval
for coverage under this general permit does not relieve any
owner of the responsibility to comply with any other
applicable federal, state, or local statute, ordinance, or
regulation.
F. Continuation of permit coverage.
1. Any owner that was authorized to discharge under the
industrial activity storm water general permit issued in
2009 and that submits a complete registration statement
[ on or ] before July 1, 2014, is authorized to continue to
discharge under the terms of the 2009 general permit until
such time as the board either:
a. Issues coverage to the owner under this general permit;
or
b. Notifies the owner that the discharge is not eligible for
coverage under this general permit.
2. When the owner that was covered under the expiring or
expired general permit has violated or is violating the
conditions of that permit, the board may choose to do any
or all of the following:
a. Initiate enforcement action based upon the 2009
general permit;
b. Issue a notice of intent to deny coverage under the
reissued general permit. If the general permit coverage is
denied, the owner would then be required to cease the
discharges authorized by administratively continued
coverage under the terms of the 2009 general permit or
be subject to enforcement action for discharging without
a permit;
c. Issue an individual permit with appropriate conditions;
or
d. Take other actions authorized by the VPDES Permit
Regulation (9VAC25-31).
9VAC25-151-60. Registration statement and Storm Water
Pollution Prevention Plan (SWPPP).
A. The owner of a facility with storm water discharges
associated with industrial activity who is proposing to be
covered by this general permit shall submit a VPDES general
permit registration statement in accordance with this chapter.
An owner seeking coverage under this general permit shall
submit a complete VPDES general permit registration
statement in accordance with this section, which shall serve
as a notice of intent for coverage under the general VPDES
permit for discharges of storm water associated with
industrial activity.
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Owners of facilities that were covered Any owner that was
authorized to discharge under the 2004 Industrial Storm
Water General Permit who intend industrial storm water
general permit that became effective on July 1, 2009, and that
intends to continue coverage under this general permit shall
review and update the Storm Water Pollution Prevention Plan
(SWPPP) to meet all provisions of the general permit
(9VAC25-151-70 et seq.) by October 1, 2009 within 90 days
of the board granting coverage under this permit. Owners of
new facilities, facilities previously covered by an expiring
individual permit, and existing facilities not currently covered
by a VPDES permit who wish to obtain coverage under this
general permit shall prepare and implement a written SWPPP
for the facility in accordance with the general permit
(9VAC25-151-70 et seq.) prior to submitting the registration
statement.
B. Deadlines for submitting registration statement
statements.
1. Existing facilities.
a. Owners of facilities that were covered Any owner that
was authorized to discharge under the 2004 Industrial
Storm Water General Permit who intend industrial storm
water general permit that became effective on July 1,
2009, and that intends to continue coverage under this
general permit shall submit a complete registration
statement prior to July 1, 2009 to the board on or before
May 2, 2014.
b. Owners of facilities previously covered by an expiring
Any owner covered by an individual VPDES permit for
storm water discharges associated with industrial activity
may elect that is proposing to be covered under this
general permit by submitting shall submit a complete
registration statement at least 30 240 days prior to the
expiration date of the individual VPDES permit.
c. Owners Any owner of an existing facilities facility
with storm water discharges associated with industrial
activity, not currently covered by a VPDES permit, who
intend to obtain coverage that is proposing to be covered
under this general permit for storm water discharges
associated with industrial activity shall submit a
complete registration statement to the board.
2. New facilities. Owners of new facilities who wish to
obtain coverage under this general permit Any owner
proposing a new discharge of storm water associated with
industrial activity shall submit a complete registration
statement at least 30 60 days prior to the date planned for
the commencement of the industrial activity at the facility.
[ 3. New owners of existing facilities. Where the owner of
an existing facility that is covered by this permit changes,
the new owner of the facility shall submit a complete
registration statement ] or a "Change of Ownership"
form [ within 30 days of the ownership change. ]
4. Late notifications. An owner of a storm water discharge
associated with industrial activity is not precluded from
submitting a registration statement after the applicable
dates provided in subdivisions 1 through 3 of this
subsection. If a late registration statement is submitted, the
owner is only authorized for discharges that occur after
permit coverage is granted. The department reserves the
right to take appropriate enforcement actions for any
unpermitted discharges.
5. Additional notification for discharges to municipal
separate storm sewer systems. Where the discharge of
storm water associated with industrial activity is through a
municipal separate storm sewer system (MS4), the owner
shall notify the operator of the municipal system receiving
the discharge and submit a copy of their registration
statement to the municipal system operator.
[ 3. 4. ] Late registration statements. Registration
statements for existing facilities covered under subdivision
1 a of this subsection will be accepted after [ July 1, June
30, ] 2014, but authorization to discharge will not be
retroactive. Owners described in subdivision 1 a of this
subsection that submit registration statements after May 2,
2014, are authorized to discharge under the provisions of
9VAC25-151-50 F (Continuation of permit coverage) if a
complete registration statement is submitted [ on or ]
before July 1, 2014.
C. Registration statement contents. The required registration
statement shall contain the following information:
1. Name, mailing address, email address (where available),
and telephone number of the:
a. Property Facility owner of the site; and
b. Operator applying for permit coverage (if different
than subdivision 1 a of this subsection) the facility
owner);
c. Responsible party requesting permit coverage, and
who will be legally responsible for compliance with this
permit;
2. Name Facility name [ (or other identifier) ], street
address, county (or city), contact name, email address
(where available), and phone number for the facility for
which the registration statement is submitted, and FAX
number (where available);
3. Facility ownership status: federal, state, public or private
The nature of the business;
4. Name(s) of the receiving water(s) that storm water is
discharged into The receiving waters of the industrial
activity discharges;
5. A statement indicating if storm water runoff is
discharged to a municipal separate storm sewer system
(MS4). Provide the name of the MS4 operator if applicable
Whether the facility discharges, or will discharge, to an
MS4. If so, provide the name of the MS4 owner. (Note:
Permit special condition [ #12 13 ] requires the permittee
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to notify the MS4 owner in writing of the existence of the
discharge within 30 days of coverage under this permit.
The notification shall include the following information:
the name of the facility, a contact person and phone
number, the location of the discharge, the nature of the
discharge, and the facility's VPDES general permit
registration number);
6. VPDES The permit numbers number for all permits any
existing VPDES permit assigned to the facility (including
coverage under the 2004 Industrial Storm Water General
Permit);
7. Whether an SWPPP has been prepared prior to
submitting this registration statement by the owner of a
new facility, a facility previously covered by an expiring
individual permit, or an existing facility not currently
covered by a VPDES permit.
7. 8. [ An indication as to whether Whether or not ] this
facility discharges will discharge storm water runoff from
coal storage piles;
8. A copy of the SWPPP general location map and the
SWPPP site map prepared in accordance with 9VAC25-
151-80 B 2 b and c (general permit Part III B 2 b and c)
and any applicable sector-specific site map requirements.
Owners covered under the 2004 Industrial Storm Water
General Permit shall update their site map to meet all
requirements listed in 9VAC25-151-80 B 2 c (general
permit Part III B 2 c) and any applicable sector-specific
site map requirements, and shall submit the map to the
department as soon as practicable, but not later than
October 1, 2009;
9. Identification of up to four 4-digit Standard Industrial
Classification (SIC) Codes or 2-letter Industrial Activity
Codes that best represent the principal products or services
rendered by the facility and major colocated industrial
activities (2-letter Industrial Activity Codes are: HZ –
hazardous waste treatment, storage, or disposal facilities;
LF – landfills/disposal landfills and disposal facilities that
receive or have received any industrial wastes; SE – steam
electric power generating facilities; or, TW – treatment
works treating domestic sewage);
10. Identification of all applicable industrial sectors in this
permit (as designated in Table 50-1) 50-2) that cover the
discharges associated with industrial activity from
activities at the facility, and major colocated industrial
activities to be covered under this permit, and the storm
water outfalls associated with each industrial sector.
a. If the facility is a landfill (sector L), indicate the type
of landfill (MSWLF (i.e., MSWLF (municipal solid
waste landfill), CDD (construction debris/demolition),
debris and demolition), or other), and which outfalls (if
any) receive contaminated storm water runoff.;
b. If the facility is a timber products operation (sector A),
indicate which outfalls (if any) receive discharges from
wet decking areas;
c. For all facilities, indicate which outfalls (if any)
receive discharges from coal storage piles;
d. If the facility manufactures asphalt paving and roofing
materials (sector D), indicate which outfalls (if any)
receive discharges from areas where production of
asphalt paving and roofing emulsions occurs;
e. If the facility manufactures cement (sector E), indicate
which outfalls (if any) receive discharges from material
storage piles;
f. If a scrap recycling and waste recycling facility (sector
N - SIC 5093) only receives source-separated recyclable
materials, indicate which outfalls (if any) receive
discharges from this activity. List the metals (if any) that
are received; or
g. For primary airports (sector S), list the average deicing
season and indicate which outfalls (if any) receive
discharges from deicing of non-propeller aircraft, and the
annual average departures of non-propeller aircraft;
11. Facility [ site area ] information. List the total area of
the [ site facility ] (in acres), the area of industrial activity
at the [ site facility ] (in acres), [ and ] the total impervious
area of the [ site industrial activity at the facility ] (in acres)
[ , and the area (in acres) draining to each industrial
activity outfall at the facility. Outfalls shall be numbered
using a unique numerical identification code for each
outfall (e.g., Outfall No. 001, No. 002, etc.) ];
12. The following maps shall be included with the
registration statement:
a. General location map. A USGS 7.5 minute
topographic map, or other equivalent computer generated
map, with sufficient resolution to clearly show the
location of the facility and the surrounding locale; and
b. Site map. A map showing the property boundaries, the
location of all industrial activity areas, all storm water
outfalls, and all water bodies receiving storm water
discharges from the site. [ Outfalls shall be numbered
using a unique numerical identification code for each
outfall (e.g., Outfall No. 001, No. 002, etc.) Outfall
numbering shall be the same as that used for the facility
area information in subdivision 11 of this subsection ];
13. Virginia's [ Phase I ] Chesapeake Bay TMDL
Watershed Implementation Plan (November 29,
2010) [ requires states ] that waste loads [ for future
growth ] for new facilities in the Chesapeake Bay
watershed with industrial stormwater discharges [ not
cannot ] exceed the nutrient and sediment loadings that
were discharged prior to the land being developed for the
industrial activity. For purposes of this permit regulation,
facilities [ constructed after November 29, 2010 that
commence construction after June 30, 2014 ], must be
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consistent with this requirement to be eligible for coverage
under this general permit.
If this is a new facility [ constructed after November 29,
2010 that commenced construction after June 30, 2014 ], in
the Chesapeake Bay watershed, and applying for first time
general permit coverage, attach documentation to the
registration statement to show:
a. That the total phosphorus load does not exceed the
greater of: (i) the total phosphorus load that was
discharged from the [ site industrial area of the property ]
prior to the land being developed for the [ new ]
industrial activity [ , ] or (ii) 0.41 pounds per acre per
year (VSMP water quality design criteria). The
documentation must include the measures and controls
that were employed to meet this requirement, along with
the supporting calculations. [ The owner may include
additional nonindustrial land on the site as part of any
plan to comply with the no net increase requirement.
Consistent with the definition of "site," this includes
adjacent land used in connection with the facility. ]
Compliance with the water quality design criteria may be
determined utilizing the Virginia Runoff Reduction
Method or another equivalent methodology approved by
the board. Design specifications and pollutant removal
efficiencies for [ specific ] BMPs can be found on the
Virginia Storm Water BMP Clearinghouse website at
http://www.vwrrc.vt.edu/swc; or
b. [ That nutrient credits have been acquired The owner
may consider utilization of any pollutant trading or offset
program in accordance with §§ 62.1-44.19:20 through
62.1-44.19:23 of the Code of Virginia, governing trading
and offsetting, ] to meet the no net increase requirement
[ in accordance with applicable regulations ]; and
11. 14. The following certification: "I certify under penalty
of law that this document and all attachments were
prepared under my direction or supervision in accordance
with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted.
Based on my inquiry of the person or persons who manage
the system, or those persons directly responsible for
gathering the information, the information submitted is, to
the best of my knowledge and belief, true, accurate, and
complete. I am aware that there are significant penalties for
submitting false information, including the possibility of
fine and imprisonment for knowing violations."
D. The registration statement shall be signed in accordance
with 9VAC25-151-70, Part II K 9VAC25-31-110 A of the
VPDES Permit Regulation.
E. Where to submit. The registration statement may be
delivered to the department by either postal or electronic mail
and shall be submitted to the DEQ regional office serving the
area where the industrial facility is located.
F. A facility's registration statement will be posted to the
department's public website for 30 days prior to the
department granting the facility general permit coverage.
9VAC25-151-65. Termination of permit coverage.
(Repealed)
A. The owner may terminate coverage under this general
permit by filing a complete notice of termination. The notice
of termination may be filed after one or more of the following
conditions have been met:
1. Operations have ceased at the facility and there are no
longer discharges of storm water associated with industrial
activity from the facility;
2. A new owner has assumed responsibility for the facility
(NOTE: A notice of termination does not have to be
submitted if a VPDES Change of Ownership Agreement
form has been submitted); or
3. All storm water discharges associated with industrial
activity have been covered by an individual VPDES
permit.
B. The notice of termination shall contain the following
information:
1. Owner's name, mailing address and telephone number;
2. Facility name and location;
3. VPDES Industrial storm water general permit number;
4. The basis for submitting the notice of termination,
including:
a. A statement indicating that a new owner has assumed
responsibility for the facility;
b. A statement indicating that operations have ceased at
the facility and there are no longer discharges of storm
water associated with industrial activity from the facility;
c. A statement indicating that all storm water discharges
associated with industrial activity have been covered by
an individual VPDES permit; or
d. A statement indicating that termination of coverage is
being requested for another reason (state the reason);
5. The following certification: "I certify under penalty of
law that all storm water discharges associated with
industrial activity from the identified facility that are
authorized by this VPDES general permit have been
eliminated, or covered under a VPDES individual permit,
or that I am no longer the owner of the industrial activity,
or permit coverage should be terminated for another reason
listed above. I understand that by submitting this notice of
termination, that I am no longer authorized to discharge
storm water associated with industrial activity in
accordance with the general permit, and that discharging
pollutants in storm water associated with industrial activity
to surface waters is unlawful where the discharge is not
authorized by a VPDES permit. I also understand that the
submittal of this notice of termination does not release an
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owner from liability for any violations of this permit or the
Clean Water Act."
C. The notice of termination shall be signed in accordance
with 9VAC25-151-70, Part II K.
D. Where to submit. The notice of termination shall be
submitted to the DEQ regional office serving the area where
the industrial facility is located.
9VAC25-151-70. General permit.
Any owner whose registration statement is accepted by the
director will receive the following general permit and shall
comply with the requirements therein and be subject to the
VPDES Permit Regulation, 9VAC25-31. Facilities with
colocated industrial activities shall comply with all applicable
monitoring and pollution prevention plan requirements of
each industrial activity sector of this chapter in which a
colocated industrial activity is described. All pages of
9VAC25-151-70 and 9VAC25-151-80 apply to all storm
water discharges associated with industrial activity covered
under this general permit. Not all pages of 9VAC25-151-90 et
seq. will apply to every permittee. The determination of
which pages apply will be based on an evaluation of the
regulated activities located at the facility.
General Permit No.: VAR05
Effective Date: July 1, 2009 2014
Expiration Date: June 30, 2014 2019
GENERAL PERMIT FOR STORM WATER DISCHARGES
ASSOCIATED WITH INDUSTRIAL ACTIVITY
AUTHORIZATION TO DISCHARGE UNDER THE
VIRGINIA POLLUTANT DISCHARGE ELIMINATION
SYSTEM AND THE VIRGINIA STATE WATER
CONTROL LAW
In compliance with the provisions of the Clean Water Act,
as amended, and pursuant to the State Water Control Law and
regulations adopted pursuant thereto, owners of facilities with
storm water discharges associated with industrial activity are
authorized to discharge to surface waters within the
boundaries of the Commonwealth of Virginia, except those
waters specifically named in board regulation or policies
which that prohibit such discharges.
The authorized discharge shall be in accordance with this
cover page, Part I-Effluent Limitations, Monitoring
Requirements and Special Conditions, Part II-Conditions
Applicable to All VPDES Permits, Part III-Storm Water
Pollution Prevention Plan, and Part IV-Sector-Specific Permit
Requirements, as set forth herein.
Part I
Effluent Limitations, Monitoring Requirements and Special
Conditions
A. Effluent limitations and monitoring requirements.
There are three four individual and separate categories of
monitoring requirements that a facility may be subject to
under this permit: (i) quarterly visual monitoring; (ii)
benchmark monitoring of discharges associated with specific
industrial activities; and (iii) compliance monitoring for
discharges subject to numerical effluent limitations; and (iv)
monitoring of discharges to impaired waters, both those with
an approved TMDL and those without an approved TMDL.
The monitoring requirements and numeric effluent limitations
applicable to a facility depend on the types of industrial
activities generating storm water runoff from the facility, and
for TMDL monitoring, the location of the facility facility's
discharge or discharges. Part IV of the permit (9VAC25-151-
90 et seq.) identifies monitoring requirements applicable to
specific sectors of industrial activity. The permittee shall
review Part I A 1 and Part IV of the permit to determine
which monitoring requirements and numeric limitations apply
to his facility. Unless otherwise specified, limitations and
monitoring requirements under Part I A 1 and Part IV are
additive.
Sector-specific monitoring requirements and limitations are
applied discharge by discharge at facilities with colocated
activities. Where storm water from the colocated activities are
commingled, the monitoring requirements and limitations are
additive. Where more than one numeric limitation for a
specific parameter applies to a discharge, compliance with the
more restrictive limitation is required. Where monitoring
requirements for a monitoring period overlap (e.g., need to
monitor TSS one/year twice per year for a limit and also
one/year twice per year for benchmark monitoring), the
permittee may use a single sample to satisfy both monitoring
requirements.
1. Types of monitoring requirements and limitations.
a. Quarterly visual monitoring. The requirements and
procedures for quarterly visual monitoring are applicable
to all facilities covered under this permit, regardless of
the facility's sector of industrial activity.
(1) The permittee shall perform and document a quarterly
visual examination of a storm water discharge associated
with industrial activity from each outfall, except
discharges exempted below (Part I A 1 a (2) and (4), and
Part I A 3) in Part I A 3 or Part I A 4. The examination(s)
shall be made at least once in each of the following three-
month periods: January through March, April through
June, July through September, and October through
December. The visual examination shall be made during
daylight hours (e.g., normal working hours) normal
working hours, where practicable, and when
considerations for safety and feasibility allow. If no
storm event resulted in runoff from the facility during a
monitoring quarter, the permittee is excused from visual
monitoring for that quarter provided that documentation
is included with the monitoring records indicating that no
runoff occurred. The documentation shall be signed and
certified in accordance with Part II K of this permit.
(2) Visual examinations shall be made of samples
collected within the first 30 minutes (or as soon
thereafter as practical, but not to exceed one hour) of
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when the runoff or snowmelt begins discharging from the
facility. Samples shall be collected in accordance with
Part I A 2. The examination shall document observations
of color, odor, clarity, floating solids, settled solids,
suspended solids, foam, oil sheen, and other obvious
indicators of storm water pollution. The examination
shall be conducted in a well-lit area. No analytical tests
are required to be performed on the samples. All samples
(except snowmelt samples) shall be collected from the
discharge resulting from a storm event that results in an
actual discharge from the site (defined as a "measurable
storm event"), and that occurs at least 72 hours from the
previously measurable storm event. The 72-hour storm
interval is waived if the permittee is able to document
that less than a 72-hour interval is representative for local
storm events during the sampling period. [ Where
practicable, the same individual shall carry out the
collection and examination of discharges for the entire
permit term. ] If no qualifying storm event resulted in
runoff during daylight hours from the facility during a
monitoring quarter, the permittee is excused from visual
monitoring for that quarter provided that documentation
is included with the monitoring records indicating that no
qualifying storm event occurred during daylight hours
that resulted in storm water runoff during that quarter.
The documentation shall be signed and certified in
accordance with Part II K.
(3) The visual examination reports shall be maintained
on-site with the Storm Water Pollution Prevention Plan
(SWPPP). The report shall include the outfall location,
the examination date and time, examination personnel,
the nature of the discharge (i.e., runoff or snow melt),
visual quality of the storm water discharge (including
observations of color, odor, clarity, floating solids,
settled solids, suspended solids, foam, oil sheen, and
other obvious indicators of storm water pollution), and
probable sources of any observed storm water
contamination.
(4) Inactive and unstaffed sites: When the permittee is
unable to conduct visual storm water examinations at an
inactive and unstaffed site, a waiver of the monitoring
requirement may be exercised as long as the facility
remains inactive and unstaffed, and there are no
industrial materials or activities exposed to storm water.
If this waiver is exercised, the permittee shall maintain a
certification with the SWPPP stating that the site is
inactive and unstaffed, there are no industrial materials or
activities exposed to storm water, and that performing
visual examinations during a qualifying event is not
feasible. The waiver shall be signed and certified in
accordance with Part II K.
(5) Representative outfalls - essentially identical
discharges. If the facility has two or more outfalls that
discharge substantially identical effluents, based on
similarities of the industrial activities, significant
materials, size of drainage areas, and storm water
management practices occurring within the drainage
areas of the outfalls, the permittee may conduct visual
monitoring on the effluent of just one of the outfalls and
report that the observations also apply to the substantially
identical outfall(s). The permittee shall include the
following information in the SWPPP:
(a) The locations of the outfalls;
(b) Why the outfalls are expected to discharge
substantially identical effluents, including evaluation of
monitoring data, where available;
(c) Estimates of the size of the drainage area (in square
feet) for each of the outfalls; and
(d) An estimate of the runoff coefficient of the drainage
areas (low: under 40%; medium: 40% to 65%; high:
above 65%).
(6) If a facility's permit coverage is effective less than
one month from the end of a quarterly monitoring period,
the first quarterly period starts with the next respective
quarterly monitoring period (e.g., if permit coverage
begins March 5, the permittee will not need to start
quarterly visual monitoring until the April-June quarter).
b. Benchmark monitoring of discharges associated with
specific industrial activities.
Table 70-1 identifies the specific industrial sectors
subject to the benchmark monitoring requirements of this
permit and the industry-specific pollutants of concern.
The permittee shall refer to the tables found in the
individual sectors in Part IV (9VAC25-151-90 et seq.)
for benchmark monitoring concentration values.
Colocated industrial activities at the facility that are
described in more than one sector in Part IV shall comply
with all applicable benchmark monitoring requirements
from each sector.
The results of benchmark monitoring are primarily for
the permittee to use to determine the overall effectiveness
of the SWPPP in controlling the discharge of pollutants
to receiving waters. Benchmark concentration values,
included in Part IV of this permit, are not effluent
limitations. Exceedance of a benchmark concentration
does not constitute a violation of this permit and does not
indicate that violation of a water quality standard has
occurred; however, it does signal that modifications to
the SWPPP are necessary, unless justification is provided
in the comprehensive site compliance evaluation (Part III
E). In addition, exceedance of benchmark concentrations
may identify facilities that would be more appropriately
covered under an individual, or alternative general permit
where more specific pollution prevention controls could
be required.
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TABLE 70-1.
INDUSTRIAL SECTORS SUBJECT TO BENCHMARK
MONITORING.
Industry
Sector1
Industry Sub-sector
Benchmark
Monitoring
Parameters
A General Sawmills and
Planing Mills
TSS.
Wood Preserving
Facilities
Arsenic,
Chromium,
Copper.
Log Storage and
Handling
TSS.
Hardwood Dimension
and Flooring Mills
TSS.
Mulch, Wood and Bark
Facilities
BOD, TSS.
Mulching Dying
Operations
BOD, TSS, COD,
Aluminum,
Arsenic,
Cadmium,
Chromium,
Copper, Iron,
Lead, Manganese,
Mercury, Nickel,
Selenium, Silver,
Zinc, Total N,
Total P.
B Paperboard Mills BOD.
C Industrial Inorganic
Chemicals
Aluminum, Iron,
Total N.
Plastics, Synthetic
Resins, etc.
Zinc.
Soaps, Detergents,
Cosmetics, Perfumes
Total N, Zinc.
Agricultural Chemicals Total N, Iron,
Zinc, Phosphorus
Total P.
Composting Facilities TSS, BOD, COD,
Ammonia, Total
N, Total P.
D Asphalt Paving and
Roofing Materials
TSS.
E Clay Products Aluminum.
Lime and Gypsum
Products
TSS, pH, Iron.
F Steel Works, Blast
Furnaces, and Rolling
and Finishing Mills
Aluminum, Zinc.
Iron and Steel
Foundries
Aluminum, TSS,
Copper, Iron,
Zinc.
Nonferrous Rolling and
Drawing
Copper, Zinc.
Nonferrous Foundries
(Castings)
Copper, Zinc.
G2 Copper Ore Mining and
Dressing
TSS
H Coal Mines and Coal-
Mining Related
Facilities
TSS, Aluminum,
Iron
K Hazardous Waste
Treatment, Storage or
Disposal
TKN, TSS, TOC,
Arsenic,
Cadmium,
Cyanide, Lead,
Magnesium,
Mercury,
Selenium, Silver.
L Landfills, Land
Application Sites, and
Open Dumps
Iron, TSS.
M Automobile Salvage
Yards
TSS, Aluminum,
Iron, Lead.
N Scrap Recycling and
Waste Recycling
Facilities
Copper,
Aluminum, Iron,
Lead, Zinc, TSS,
Cadmium,
Chromium.
Ship Dismantling,
Marine Salvaging and
Marine Wrecking
Aluminum,
Cadmium,
Chromium,
Copper, Iron,
Lead, Zinc, TSS.
O Steam Electric
Generating Facilities
Iron.
P Land Transportation
and Warehousing
TPH, TSS.
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Q Water Transportation
Facilities
Aluminum, Iron
TSS, Copper,
Zinc.
R Ship and Boat Building
or Repairing Yards
TSS, Copper,
Zinc.
S Airports with deicing
activities3
BOD, TKN, pH,
COD, TSS, TPH.
U Dairy Products. BOD, TSS.
Grain Mill Products TSS, TKN.
Fats and Oils BOD, Total N,
TSS.
Y Rubber Products Zinc.
Z Leather Tanning and
Finishing
TKN.
AA Fabricated Metal
Products Except
Coating
Iron, Aluminum,
Copper, Zinc.
Fabricated Metal
Coating and Engraving
Zinc.
AB Transportation
Equipment, Industrial,
or Commercial
Machinery
TSS, TPH,
Copper, Zinc.
AD Nonclassified
Facilities/Storm Water
Discharges Designated
By the Board As
Requiring Permits
TSS.
1Table does not include parameters for compliance
monitoring under effluent limitations guidelines.
2See Sector G (Part IV G) for additional monitoring
discharges from waste rock and overburden piles from
active ore mining or dressing facilities, inactive ore mining
or dressing facilities, and sites undergoing reclamation.
3Monitoring requirement is for airports with deicing
activities that utilize more than 100 tons of urea or more
than 100,000 gallons of glycol per year.
(1) (a) If a facility falls within a sector(s) required to
conduct benchmark monitoring, monitoring Benchmark
monitoring shall be performed for all benchmark
parameters specified for the industrial sector or sectors
applicable to a facility's discharge. Monitoring shall be
performed at least once during each of the first two four,
and potentially all, monitoring periods after the facility is
granted coverage under the permit begins. Monitoring
commences with the first full monitoring period after the
owner is granted coverage under the permit. Monitoring
periods are specified in Part I A 2.
Depending on the results of two four consecutive
monitoring periods, benchmark monitoring may not be
required to be conducted in subsequent monitoring
periods (see Part I A 1 b (2)) (see subdivision (2) below).
(b) Monitoring periods for benchmark monitoring. The
benchmark monitoring periods are as follows: (i) July 1,
2009, to December 31, 2009; (ii) January 1, 2010, to
December 31, 2010; (iii) January 1, 2011, to December
31, 2011; (iv) January 1, 2012, to December 31, 2012;
and, (v) January 1, 2013, to December 31, 2013.
(c) If a facility's permit coverage is effective less than
one month from the end of a monitoring period, the
facility's first monitoring period starts with the next
respective monitoring period (e.g., if permit coverage
begins December 5, the permittee will not need to start
sampling until the next January-December monitoring
period).
(2) Benchmark monitoring waivers for facilities testing
below benchmark concentration values. Waivers from
benchmark monitoring are available to facilities whose
discharges are below benchmark concentration values on
an outfall by outfall basis. Sector-specific benchmark
monitoring is not required to be conducted in subsequent
monitoring periods during the term of this permit
provided:
(a) Samples were collected in two four consecutive
monitoring periods, and all the parameter concentrations
were average of the four samples for all parameters at the
outfall is below the applicable benchmark concentration
values value in Part IV. (Note: facilities that were
covered under the 2009 industrial storm water general
permit may use sampling data from the last two
monitoring periods of that permit and the first two
monitoring periods of this permit to satisfy the four
consecutive monitoring periods requirement); and
(b) The facility is not subject to a numeric effluent
limitation for that parameter established in Part I A 1 c
(1) (Storm Water Effluent Limitations, Coal Pile Runoff,
and TMDL Wasteload Allocations) (Storm Water
Effluent Limitations), Part I A 1 c (2) (Coal Pile Runoff),
or Part IV (Sector Specific Permit Requirements) for any
of the parameters at that outfall; and
(c) A waiver request is submitted to and approved by the
department board. The waiver request shall be sent to the
appropriate DEQ regional office, along with the
supporting monitoring data for two four consecutive
monitoring periods, and a certification that, based on
current potential pollutant sources and [ BMPs control
measures ] used, discharges from the facility are
reasonably expected to be essentially the same (or
cleaner) compared to when the benchmark monitoring
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for the two four consecutive monitoring periods was
done.
Waiver requests will be evaluated by the department
board based upon: (i) benchmark monitoring results
below the benchmark concentration values; (ii) a
favorable compliance history (including inspection
results); and (iii) no outstanding enforcement actions.
The monitoring waiver may be revoked by the
department board for just cause. The permittee will be
notified in writing that the monitoring waiver is revoked,
and that the benchmark monitoring requirements are
again in force and will remain in effect until the permit's
expiration date.
(3) Samples shall be collected and analyzed in
accordance with Part I A 2. For each outfall, one signed
Discharge Monitoring Report (DMR) form shall be
submitted to the department for each storm event
sampled. Monitoring results shall be Monitoring results
shall be reported in accordance with Part I A 5 and Part II
C and retained in accordance with Part II B.
(4) Inactive and unstaffed sites. If the permittee is unable
to conduct benchmark monitoring at an inactive and
unstaffed site, a waiver of the monitoring requirement
may be exercised as long as the facility remains inactive
and unstaffed, and there are no industrial materials or
activities exposed to storm water. If the permittee
exercises this waiver, a certification shall be submitted to
the department and maintained with the SWPPP stating
that the site is inactive and unstaffed, there are no
industrial materials or activities exposed to storm water,
and that performing benchmark monitoring during a
qualifying storm event is not feasible. The waiver shall
be signed and certified in accordance with Part II K.
(5) Representative outfalls - essentially identical
discharges. If the facility has two or more outfalls that
discharge substantially identical effluents, based on
similarities of the industrial activities, significant
materials, size of drainage areas, and storm water
management practices occurring within the drainage
areas of the outfalls, the permittee may perform
benchmark monitoring on the effluent of just one of the
outfalls and report that the quantitative data also applies
to the substantially identical outfall(s). The permittee
shall include the following information in the SWPPP,
and in any DMRs that are required to be submitted to the
department:
(a) The locations of the outfalls;
(b) Why the outfalls are expected to discharge
substantially identical effluents, including evaluation of
monitoring data, where available;
(c) Estimates of the size of the drainage area (in square
feet) for each of the outfalls; and
(d) An estimate of the runoff coefficient of the drainage
areas (low: under 40%; medium: 40% to 65%; high:
above 65%).
c. Compliance monitoring for discharges subject to
numerical effluent limitations or discharges to impaired
waters.
(1) Facilities subject to storm water effluent limitation
guidelines.
(a) Facilities subject to storm water effluent limitation
guidelines (see Table 70-2) are required to monitor such
discharges to evaluate compliance with numerical
effluent limitations. Industry-specific numerical
limitations and compliance monitoring requirements are
described in Part IV of the permit (9VAC25-151-90 et
seq.). Colocated Permittees with colocated industrial
activities at the facility that are described in more than
one sector in Part IV shall comply on a discharge-by-
discharge basis with all applicable effluent limitations
from each sector.
(b) Permittees shall monitor the discharges for the
presence of the pollutant subject to the effluent limitation
at least once during each of the monitoring periods after
the facility is granted coverage under the permit begins.
If a facility's permit coverage is effective less than one
month from the end of a monitoring period, the facility's
first monitoring period starts with the next respective
monitoring period (e.g., if permit coverage begins
December 5, the permittee will not need to start the
effluent limitation monitoring until the next January-
December monitoring period). Monitoring commences
with the first full monitoring period after the owner is
granted coverage under the permit. Monitoring periods
are specified in Part I A 2. The substantially identical
outfall monitoring provisions (Part I A 2 f) are not
available for numeric effluent limits monitoring.
(c) The monitoring periods for effluent limitation
monitoring are as follows: (i) July 1, 2009, to December
31, 2009; (ii) January 1, 2010, to December 31, 2010;
(iii) January 1, 2011, to December 31, 2011; (iv) January
1, 2012, to December 31, 2012; and (v) January 1, 2013,
to December 31, 2013.
(d) (c) Samples shall be collected and analyzed in
accordance with Part I A 2. Monitoring results shall be
reported in accordance with Part I A 4 5 and Part II C,
and retained in accordance with Part II B.
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TABLE 70-2.
STORM WATER-SPECIFIC EFFLUENT LIMITATION
GUIDELINES.
Effluent Limitation Guideline
Sectors
with
Affected
Facilities
Runoff from material storage piles at
cement manufacturing facilities (40 CFR
Part 411 Subpart C (2006) (established
February 23, 1977)) (established February
20, 1974))
E
Contaminated runoff from phosphate
fertilizer manufacturing facilities (40 CFR
Part 418 Subpart A (2006) (established
April 8, 1974)) (established April 8, 1974))
C
Coal pile runoff at steam electric generating
facilities (40 CFR Part 423 (2006)
(established November 19, 1982))
O
Discharges resulting from spray down or
intentional wetting of logs at wet deck
storage areas (40 CFR Part 429, Subpart I
(2007) (established January 26, 1981))
A
Runoff from asphalt emulsion facilities (40
CFR Part 443 Subpart A (2007)
(established July 24, 1975))
D
Runoff from landfills, (40 CFR Part 445,
Subpart A and B (2007) (established
February 2, 2000)) January 19, 2000))
K & and L
Discharges from airport deicing operations
(40 CFR Part 449 (established May 16,
2012))
S
(2) Facilities subject to coal pile runoff monitoring.
(a) Facilities with discharges of storm water from coal
storage piles shall comply with the limitations and
monitoring requirements of Table 70-3 for all discharges
containing the coal pile runoff, regardless of the facility's
sector of industrial activity.
(b) Permittees shall monitor such storm water discharges
at least once during each of the monitoring periods after
the facility is granted coverage under the permit begins.
If a facility's permit coverage is effective less than one
month from the end of a monitoring period, the facility's
first monitoring period starts with the next respective
monitoring period (e.g., if permit coverage begins
December 5, the permittee will not need to start the coal
pile runoff monitoring until the next January-December
monitoring period). Monitoring commences with the first
full monitoring period after the owner is granted
coverage under the permit. Monitoring periods are
specified in Part I A 2. The substantially identical outfall
monitoring provisions (Part I A 2 f) are not available for
coal pile numeric effluent limits monitoring.
(c) Coal pile runoff monitoring periods are as follows: (i)
July 1, 2009, to December 31, 2009; (ii) January 1, 2010,
to December 31, 2010; (iii) January 1, 2011, to
December 31, 2011; (iv) January 1, 2012, to December
31, 2012; and (v) January 1, 2013, to December 31,
2013.
(d) (c) The coal pile runoff shall not be diluted with other
storm water or other flows in order to meet this
limitation.
(e) (d) If a facility is designed, constructed and operated
to treat the volume of coal pile runoff that is associated
with a 10-year, 24-hour rainfall event, any untreated
overflow of coal pile runoff from the treatment unit is not
subject to the 50 mg/L limitation for total suspended
solids.
(f) (e) Samples shall be collected and analyzed in
accordance with Part I A 2. Monitoring results shall be
reported in accordance with Part I A 4 5 and Part II C,
and retained in accordance with Part II B.
TABLE 70-3.
NUMERIC LIMITATIONS FOR COAL PILE RUNOFF.
Parameter Limit Monitoring
Frequency
Sample
Type
Total
Suspended
Solids (TSS)
50
mg/l,
max.
1/year Grab
pH 6.0 min.
- 9.0
max.
1/year Grab
(3) Facilities (discharging discharging to an impaired
water with a board-established and EPA-approved an
approved TMDL wasteload allocation.
[ Owners of facilities that are a source of the specified
pollutant of concern to waters for which a TMDL
wasteload allocation has been approved prior to the term
of this permit will be notified as such by the department
when they are approved for coverage under the general
permit. ]
(a) Upon written notification from the department,
facilities subject to TMDL wasteload allocations will be
required to monitor such discharges to evaluate
compliance with the TMDL requirements.
(b) Permittees shall monitor the discharges for the
pollutant subject to the TMDL wasteload allocation at
least semiannually (twice per year) once during each of
the monitoring periods after coverage under the permit
begins. The TMDL semiannual monitoring periods are
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from July 1 to December 31, and January 1 to June 30. If
a facility's notification that they are subject to the TMDL
monitoring requirements is effective less than one month
from the end of a semiannual monitoring period, the
facility's first monitoring period starts with the next
respective monitoring period (e.g., if notification is given
on December 5, the permittee will not need to start
semiannual monitoring until the next January 1 to June
30 monitoring period). Monitoring commences with the
first full monitoring period after the owner is granted
coverage under the permit. Monitoring periods are
specified in Part I A 2.
[ Note: Facilities discharging to waters impaired for
PCBs shall follow the monitoring schedule and the
pollutant minimization plan (PMP) requirements
described in the written notification from the
department. ]
(c) Samples shall be collected and analyzed in
accordance with Part I A 2. Monitoring results shall be
reported in accordance with Part I A 4 5 and Part II C,
and retained in accordance with Part II B.
(d) If the pollutant subject to the TMDL waste load
allocation is [ not detected in any below the quantitation
level in all ] of the samples from the first four monitoring
periods (i.e., the first two years of coverage under the
permit), the permittee may request to the department
board in writing that further sampling be discontinued,
unless the TMDL has specific instructions to the contrary
(in which case those instructions shall be followed). The
laboratory certificate of analysis shall be submitted with
the request. If approved, documentation of this shall be
kept with the SWPPP.
If the pollutant subject to the TMDL waste load
allocation is [ detected above the quantitation level ] in
any of the samples from the first four monitoring periods,
the permittee shall continue the scheduled TMDL
monitoring throughout the term of the permit.
(4) Facilities discharging to an impaired water without a
board established and EPA-approved an approved TMDL
wasteload allocation.
[ Owners of facilities that discharge to waters listed as
impaired in the 2012 Final 305(b)/303(d) Water Quality
Assessment Integrated Report, and for which a TMDL
wasteload allocation has not been approved prior to the
term of this permit, will be notified as such by the
department when they are approved for coverage under
the general permit. ]
(a) Upon written notification from the department,
facilities discharging to an impaired water without a
board established and EPA-approved an approved TMDL
wasteload allocation will be required to monitor such
discharges for the pollutant(s) that caused the
impairment.
(b) Permittees shall monitor the discharges for all
pollutants for which the waterbody is impaired, and for
which a standard analytical method exists, at least once
during each of the monitoring periods after the facility is
granted coverage under the permit begins. If a facility's
permit coverage is effective less than one month from the
end of a monitoring period, the facility's first monitoring
period starts with the next respective monitoring period
(e.g., if permit coverage begins December 5, the
permittee will not need to start the impaired water
monitoring until the next January-December monitoring
period). Monitoring commences with the first full
monitoring period after the owner is granted coverage
under the permit. Monitoring periods are specified in Part
I A 2.
[ Note: Facilities discharging to waters impaired for
PCBs shall follow the monitoring schedule and the
pollutant minimization plan (PMP) requirements
described in the written notification from the
department. ]
(c) The impaired water monitoring periods are as
follows: (i) July 1, 2009, to December 31, 2009; (ii)
January 1, 2010, to December 31, 2010; (iii) January 1,
2011, to December 31, 2011; (iv) January 1, 2012, to
December 31, 2012; and (v) January 1, 2013, to
December 31, 2013.
(d) (c) If the pollutant for which the waterbody is
impaired is suspended solids, turbidity or
sediment/sedimentation, or sediment, or sedimentation,
monitor for Total Suspended Solids total suspended
solids (TSS). If the pollutant for which the waterbody is
impaired is expressed in the form of an indicator or
surrogate pollutant, monitor for that indicator or
surrogate pollutant. No monitoring is required when a
waterbody's biological communities are impaired but no
pollutant, including indicator or surrogate pollutants, is
specified as causing the impairment, or when a
waterbody's impairment is related to hydrologic
modifications, impaired hydrology, or temperature.
Samples shall be collected and analyzed in accordance
with Part I A 2. Monitoring results shall be reported in
accordance with Part I A 4 5 and Part II C, and retained
in accordance with Part II B.
(e) (d) If the pollutant for which the water is impaired is
[ not present below the quantitation level ] in the
discharges from the facility, or it is [ present above the
quantitation level ] but its presence is caused solely by
natural background sources, a notification to this effect
shall be included in the first discharge monitoring report
submitted by the facility, after which the permittee may
request to the board in writing that further impaired water
monitoring may be discontinued. The laboratory
certificate of analysis shall be submitted with the request.
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If approved, documentation of this shall be kept with the
SWPPP.
To support a determination that the pollutant's presence
is caused solely by natural background sources, the
following documentation shall be submitted with the
request and kept with the SWPPP: (i) an explanation of
why it is believed that the presence of the impairment
pollutant in the facility's discharge is not related to the
activities at the facility; and (ii) data or studies that tie the
presence of the impairment pollutant in the facility's
discharge to natural background sources in the
watershed. Natural background pollutants include those
substances that are naturally occurring in soils or
groundwater. Natural background pollutants do not
include legacy pollutants from earlier activity at the
facility's site, or pollutants in run-on from neighboring
sources that are not naturally occurring.
2. Monitoring instructions.
a. Collection and analysis of samples. Sampling
requirements shall be assessed on an outfall by outfall
basis. Samples shall be collected and analyzed in
accordance with the requirements of Part II A.
b. When and how to sample. A minimum of one grab
sample shall be taken from the discharge associated with
industrial activity resulting from a storm event that
results in an actual discharge from the site (defined as a
"measurable storm event"), providing the interval from
the preceding measurable storm event is at least 72 hours.
The 72-hour storm interval is waived if the permittee is
able to document that less than a 72-hour interval is
representative for local storm events during the sampling
period. In the case of snowmelt, the monitoring must
shall be performed at a time when a measurable
discharge occurs at the site. For discharges from a storm
water management structure, the monitoring shall be
performed at a time when a measurable discharge occurs
from the structure.
The grab sample shall be taken during the first 30
minutes of the discharge. If it is not practicable to take
the sample during the first 30 minutes, the sample may
be taken during the first hour three hours of the
discharge, provided that the permittee explains why a
grab sample during the first 30 minutes was
impracticable. This information shall be submitted on or
with the Discharge Monitoring Report (DMR), or and
maintained with the SWPPP if reports are not required to
be submitted. If the sampled discharge commingles with
process or nonprocess water, the permittee shall attempt
to sample the storm water discharge before it mixes with
the nonstorm water.
c. Storm event data. For each monitoring event (except
snowmelt monitoring), along with the monitoring results,
the permittee shall identify the date and duration (in
hours) of the storm event(s) sampled; rainfall total (in
inches) of the storm event that generated the sampled
runoff; and the duration between the storm event sampled
and the end of the previous measurable storm event. For
snowmelt monitoring, the permittee shall identify the
date of the sampling event.
d. Monitoring periods.
(1) Quarterly visual monitoring. The quarterly visual
examinations shall be made at least once in each of the
following three-month periods each year of permit
coverage: January through March, April through June,
July through September, and October through December.
(2) Benchmark monitoring, effluent limitation
monitoring, and impaired waters monitoring (for waters
both with and without an approved TMDL). Monitoring
shall be conducted at least once in each of the following
semiannual periods each year of permit coverage:
January through June, and July through December.
d. e. Documentation explaining a facility's inability to
obtain a sample (including dates/times dates and times
the outfalls were viewed and/or or sampling was
attempted), of no rain event, or of no "measurable" storm
event shall be maintained with the SWPPP. Acceptable
documentation includes, but is not limited to, NCDC
National Climatic Data Center (NCDC) weather station
data, local weather station data, facility rainfall logs, and
other appropriate supporting data.
f. Representative outfalls - substantially identical
discharges. If the facility has two or more outfalls that
discharge substantially identical effluents, based on
similarities of the industrial activities, significant
materials, size of drainage areas, and storm water
management practices occurring within the drainage
areas of the outfalls, the permittee may conduct
monitoring on the effluent of just one of the outfalls and
report that the observations also apply to the substantially
identical outfall or outfalls. The substantially identical
outfall monitoring provisions apply to quarterly visual
monitoring, benchmark monitoring, and impaired waters
monitoring (both those with and without an approved
TMDL). The substantially identical outfall monitoring
provisions are not available for numeric effluent limits
monitoring.
The permittee shall include the following information in
the SWPPP:
(1) The locations of the outfalls;
(2) Why the outfalls are expected to discharge
substantially identical effluents, including evaluation of
monitoring data where available; and
(3) Estimates of the size of the drainage area (in square
feet) for each of the outfalls.
3. Adverse climatic conditions waiver. When adverse
weather conditions prevent the collection of samples, a
substitute sample may be taken during a qualifying storm
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event in the next monitoring period. Adverse weather
conditions are those that are dangerous or create
inaccessibility for personnel, and may include such things
as local flooding, high winds, electrical storms, or
situations that otherwise make sampling impracticable,
such as drought or extended frozen conditions. Unless
specifically stated otherwise, this waiver may be applied to
any monitoring required under this permit.
4. Inactive and unstaffed sites (including temporarily
inactive sites).
a. A waiver of the quarterly visual assessments, routine
facility inspections, and monitoring requirements
(including benchmark, effluent limitation, and impaired
waters monitoring) may be granted by the board at a
facility that is both inactive and unstaffed, as long as the
facility remains inactive and unstaffed and there are no
industrial materials or activities exposed to stormwater.
The owner of such a facility is only required to conduct
an annual comprehensive site inspection in accordance
with the requirements in Part III E.
b. An inactive and unstaffed sites waiver request shall be
submitted to the board for approval and shall include: the
name of the facility; the facility's VPDES general permit
registration number; a contact person, phone number and
email address (if available); the reason for the request;
and the date the facility became or will become inactive
and unstaffed. The waiver request shall be signed and
certified in accordance with Part II K. If this waiver is
granted, a copy of the request and the board's written
approval of the waiver shall be maintained with the
SWPPP.
c. If circumstances change and industrial materials or
activities become exposed to stormwater, or the facility
becomes either active or staffed, the permittee shall
notify the department within 30 days, and all quarterly
visual assessments, routine facility inspections, and
monitoring requirements shall be resumed immediately.
d. The board retains the right to revoke this waiver when
it is determined that the discharge is causing, has a
reasonable potential to cause, or contributes to a water
quality standards violation.
e. Inactive and unstaffed facilities covered under Sector
G (Metal Mining) and Sector H (Coal Mines and Coal
Mining-Related Facilities) are not required to meet the
"no industrial materials or activities exposed to
stormwater" standard to be eligible for this waiver,
consistent with the conditional exemption requirements
established in Part IV Sector G and Part IV Sector H.
4. 5. Reporting monitoring results.
a. Reporting to the department. Depending on the types
of monitoring required at a permitted facility, monitoring
results may have to be submitted to the department, or
they may only have to be kept with the SWPPP. The
permittee shall follow the reporting requirements and
deadlines below for the types of monitoring that apply to
the facility:
TABLE 70-4.
MONITORING REPORTING REQUIREMENTS.
Monitoring for Numeric
Effluent Limitations
(other than TMDL
Wasteload Allocations)
For monitoring results that
do not exceed the effluent
limitations, submit the results
on a DMR by January 10.
For monitoring results that
exceed the effluent
limitations, submit the results
on a DMR by January 10, or
no later than 30 days after the
results are received by the
facility, whichever date is
earlier.
Semiannual Monitoring
for TMDL Wasteload
Allocations
For monitoring results that
do not exceed the TMDL
wasteload allocation, submit
Submit the results on a DMR
by January 10 and by July
10.
For monitoring results that
exceed the TMDL wasteload
allocation, submit the results
on a DMR by January 10 or
July 10, or no later than 30
days after the results are
received by the facility,
whichever date is earlier.
Monitoring for Facilities
Discharging to an
Impaired Water Without
an Approved TMDL
Wasteload Allocation.
Submit results on a DMR by
January 10.
Benchmark Monitoring Submit results on a DMR by
January 10.
Annual Monitoring for
Metal Mining Facilities
(see Part IV, Sector G)
Submit results to the
department by January 10.
Quarterly Visual
Monitoring
Retain results with SWPPP -
do not submit unless
requested to do so by the
department.
Follow-up Monitoring
(see subsection A 5 c
below).
Submit results on a DMR no
later than 30 days after the
results are received.
Permittees that are required to submit monitoring shall
submit results for each outfall associated with industrial
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activity according to the requirements of Part II C. For
each outfall sampled, one signed discharge monitoring
report (DMR) form shall be submitted to the department
per storm event sampled. For representative outfalls, the
sampled outfall will be reported on the DMR, and the
outfalls that are representative of the sampled outfall will
be listed in the comment section of the DMR. Signed
DMRs are not required for each of the outfalls that are
representative of the sampled outfall.
b. Additional reporting. In addition to filing submitting
copies of discharge monitoring reports in accordance
with Part II C, permittees with at least one storm water
discharge associated with industrial activity through a
regulated municipal separate storm sewer system (MS4),
or a municipal system designated by the director, must
shall submit signed copies of DMRs to the MS4 operator
at the same time as the reports are submitted to the
department. Permittees not required to report monitoring
data and permittees that are not otherwise required to
monitor their discharges need not comply with this
provision.
c. Significant digits. The permittee shall report at least
the same number of significant digits as a numeric
effluent limitation or TMDL wasteload allocation for a
given parameter; otherwise, at least two significant digits
shall be reported for a given parameter. Regardless of the
rounding convention used by the permittee (i.e., five
always rounding up or to the nearest even number), the
permittee shall use the convention consistently and shall
ensure that consulting laboratories employed by the
permittee use the same convention.
5. 6. Corrective actions.
a. Data exceeding benchmarks concentration values.
(1) If the benchmark monitoring result exceeds the
benchmark concentration value for that parameter, the
permittee must shall review the SWPPP and modify it as
necessary to address any deficiencies that caused the
exceedance. Revisions to the SWPPP must shall be
completed within 30 days after an exceedance is
discovered. When [ BMPs control measures ] need to be
modified or added (distinct from regular preventive
maintenance of existing [ BMPs control measures ]
described in Part III C), implementation must shall be
completed before the next anticipated storm event if
possible, but no later than 60 days after the exceedance is
discovered, or as otherwise provided or approved by the
department. In cases where construction is necessary to
implement [ BMPs control measures ], the permittee
shall include a schedule in the SWPPP that provides for
the completion of the [ BMPs control measures ] as
expeditiously as practicable, but no later than three years
after the exceedance is discovered. Where a construction
compliance schedule is included in the SWPPP, the plan
shall include appropriate nonstructural and/or and
temporary controls to be implemented in the affected
portion(s) of the facility prior to completion of the
permanent [ BMP control measure ]. Any [ BMP control
measure ] modifications must shall be documented and
dated, and retained with the SWPPP, along with the
amount of time taken to modify the applicable [ BMPs
control measures ] or implement additional [ BMPs
control measures ].
(2) Natural background pollutant levels. If the
concentration of a pollutant exceeds a benchmark
concentration value, and the permittee determines that
exceedance of the benchmark is attributable solely to the
presence of that pollutant in the natural background,
corrective action is not required provided that:
(a) The concentration of the benchmark monitoring result
is less than or equal to the concentration of that pollutant
in the natural background;
(b) The permittee documents and maintains with the
SWPPP the supporting rationale for concluding that
benchmark exceedances are in fact attributable solely to
natural background pollutant levels. The supporting
rationale shall include any data previously collected by
the facility or others (including literature studies) that
describe the levels of natural background pollutants in
the facility's storm water discharges; and
(c) The permittee notifies the department on the
benchmark monitoring DMR that the benchmark
exceedances are attributable solely to natural background
pollutant levels.
Natural background pollutants include those substances
that are naturally occurring in soils or groundwater.
Natural background pollutants do not include legacy
pollutants from earlier activity on the facility's site, or
pollutants in run-on from neighboring sources that are
not naturally occurring.
b. Corrective actions. The permittee must shall take
corrective action whenever:
(1) Routine facility inspections, comprehensive site
compliance evaluations, inspections by local, state or
federal officials, or any other process, observation or
event result in a determination that modifications to the
storm water control measures are necessary to meet the
permit requirements; [ or ]
(2) There is any exceedance of an effluent limitation
(including coal pile runoff), or TMDL wasteload
allocation, or a reduction required by a local ordinance
established by a municipality to meet Chesapeake Bay
TMDL requirements; [ or ]
(3) The department determines, or the permittee becomes
aware, that the storm water control measures are not
stringent enough for the discharge to meet applicable
water quality standards.
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The permittee must shall review the SWPPP and modify
it as necessary to address any deficiencies. Revisions to
the SWPPP must shall be completed within 30 days
following the discovery of the deficiency. When [ BMPs
control measures ] need to be modified or added (distinct
from regular preventive maintenance of existing [ BMPs
control measures ] described in Part III C),
implementation must shall be completed before the next
anticipated storm event if possible, but no later than 60
days after the deficiency is discovered, or as otherwise
provided or approved by the department. In cases where
construction is necessary to implement [ BMPs control
measures ], the permittee shall include a schedule in the
SWPPP that provides for the completion of the [ BMPs
control measures ] as expeditiously as practicable, but no
later than three years after the deficiency is discovered.
Where a construction compliance schedule is included in
the SWPPP, the plan shall include appropriate
nonstructural and/or and temporary controls to be
implemented in the affected portion(s) of the facility
prior to completion of the permanent [ BMP control
measure ]. The amount of time taken to modify a [ BMP
control measure ] or implement additional [ BMPs
control measures ] must shall be documented in the
SWPPP.
Any corrective actions taken must shall be documented
and retained with the SWPPP. Reports of corrective
actions must shall be signed in accordance with Part II K.
c. Follow-up monitoring and reporting. If at any time
monitoring results indicate that discharges from the
facility exceed an effluent limitation or a TMDL
wasteload allocation, or the department determines that
discharges from the facility are causing or contributing to
an exceedance of a water quality standard, immediate
steps must shall be taken to eliminate the exceedances in
accordance with the above Part I A 5 6 b (Corrective
actions). Within 30 calendar days of implementing the
relevant corrective action(s) (or during the next
qualifying runoff event, should none occur within 30
calendar days) follow-up monitoring must be undertaken
to verify that the BMPs that were modified are
effectively protecting water quality. Follow-up
monitoring need only be conducted for pollutant(s) with
prior exceedances unless there are reasons to believe that
facility modifications may have reduced pollutant
prevention or removal capacity for other pollutants of
concern. The follow-up monitoring data must be
submitted to the department no later than 30 days after
the results are received. If the follow-up monitoring
value does not exceed the effluent limitation or other
relevant standard, no additional follow-up monitoring is
required for this corrective action. Should the follow-up
monitoring indicate that the effluent limitation, TMDL
wasteload allocation, water quality standard or other
relevant standard is still being exceeded, an exceedance
report must shall be submitted to the department no later
than 30 days after the follow-up monitoring results are
received. The following information must shall be
included in the report: general permit registration
number; facility name, address, and location; receiving
water; monitoring data from this and the preceding
monitoring event(s) event; an explanation of the
situation; description of what has been done and the
intended actions (should the corrective actions not yet be
complete) to further reduce pollutants in the discharge;
and an appropriate contact name and phone number.
Additional follow-up monitoring must be continued at an
appropriate frequency, but no less often than quarterly,
until the discharge no longer exceeds the standard.
B. Special conditions.
1. Allowable nonstorm water discharges. Except as
provided in this section or in Part IV (9VAC25-151-90 et
seq.), all discharges covered by this permit shall be
composed entirely of storm water. The following nonstorm
water discharges are authorized by this permit:
a. Discharges from fire fighting activities;
b. Fire hydrant flushings;
c. Potable water including water line flushings;
d. Uncontaminated air conditioning or compressor
condensate (excluding air compressors) condensate from
air conditioners, coolers, and other compressors and from
the outside storage of refrigerated gases or liquids;
e. Irrigation drainage;
f. Landscape watering provided all pesticides, herbicides,
and fertilizer have been applied in accordance with
manufacturer's instructions the approved labeling;
g. Routine external building wash down washdown that
does not use detergents;
h. Pavement wash waters where no detergents are used
and no spills or leaks of toxic or hazardous materials
have occurred (unless all spilled material has been
removed);
i. Uncontaminated ground water or spring water;
j. Foundation or footing drains where flows are not
contaminated with process materials; and
k. Incidental windblown mist from cooling towers that
collects on rooftops or adjacent portions of the facility,
but not intentional discharges from the cooling tower
(e.g., "piped" cooling tower blowdown or drains).
All other nonstorm water discharges shall be in compliance
with a are not authorized and shall either be eliminated or
covered under a separate VPDES permit (other than this
permit) issued for the discharge.
The following nonstorm water discharges are specifically
not authorized by this permit:
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Sector A - Timber products. Discharges of storm water
from areas where there may be contact with chemical
formulations sprayed to provide surface protection.
Sector C - Chemical and allied products manufacturing.
Inks, paints, or substances (hazardous, nonhazardous, etc.)
resulting from an on-site spill, including materials
collected in drip pans; washwaters from material handling
and processing areas; or washwaters from drum, tank, or
container rinsing and cleaning.
Sector G - Metal mining (ore mining and dressing). Adit
drainage or contaminated springs or seeps; and
contaminated seeps and springs discharging from waste
rock dumps that do not directly result from precipitation
events.
Sector H - Coal mines and coal mining-related facilities.
Discharges from pollutant seeps or underground drainage
from inactive coal mines and refuse disposal areas that do
not result from precipitation events; and discharges from
floor drains in maintenance buildings and other similar
drains in mining and preparation plant areas.
Sector I - Oil and gas extraction and refining. Discharges
of vehicle and equipment washwater, including tank
cleaning operations.
Sector K - Hazardous waste treatment, storage, or disposal
facilities. Leachate, gas collection condensate, drained free
liquids, contaminated ground water, laboratory-derived
wastewater and contact washwater from washing truck,
equipment, and railcar exteriors and surface areas that have
come in direct contact with solid waste at the landfill
facility.
Sector L - Landfills, land application sites and open
dumps. Leachate, gas collection condensate, drained free
liquids, contaminated ground water, laboratory wastewater,
and contact washwater from washing truck, equipment,
and railcar exteriors and surface areas that have come in
direct contact with solid waste at the landfill facility.
Sector N - Scrap recycling and waste recycling facilities.
Discharges from turnings containment areas in the absence
of a storm event.
Sector O - Steam electric generating facilities. Nonstorm
water discharges subject to effluent limitation guidelines.
Sector P - Land transportation and warehousing.
Vehicle/equipment/surface Vehicle, equipment, or surface
washwater, including tank cleaning operations.
Sector Q - Water transportation. Bilge and ballast water,
sanitary wastes, pressure wash water, and cooling water
originating from vessels.
Sector R - Ship and boat building or repair yards. Bilge and
ballast water, pressure wash water, sanitary wastes, and
cooling water originating from vessels.
Sector S - Air transportation. Aircraft, ground vehicle,
runway and equipment washwaters; and dry weather
discharges of deicing/anti-icing deicing and anti-icing
chemicals.
Sector T - Treatment works. Sanitary and industrial
wastewater; and equipment/vehicle equipment or vehicle
washwaters.
Sector U - Food and kindred products. Boiler blowdown,
cooling tower overflow and blowdown, ammonia
refrigeration purging, and vehicle washing/clean-out
washing and clean-out operations.
Sector V - Textile mills, apparel, and other fabric products.
Discharges of wastewater (e.g., wastewater as a result of
wet processing or from any processes relating to the
production process); reused/recycled reused or recycled
water; and waters used in cooling towers.
2. Releases of hazardous substances or oil in excess of
reportable quantities. The discharge of hazardous
substances or oil in the storm water discharge(s) from the
facility shall be prevented or minimized in accordance with
the storm water pollution prevention plan for the facility.
This permit does not authorize the discharge of hazardous
substances or oil resulting from an on-site spill. This
permit does not relieve the permittee of the reporting
requirements of 40 CFR Part 110 (2007), 40 CFR Part 117
(2007), and 40 CFR Part 302 (2007) or § 62.1-44.34:19 of
the Code of Virginia.
Where a release containing a hazardous substance or oil in
an amount equal to or in excess of a reportable quantity
established under either 40 CFR Part 110 (2007), 40 CFR
Part 117 (2007), or 40 CFR Part 302 (2007) occurs during
a 24-hour period:
a. The permittee is required to notify the department in
accordance with the requirements of Part II G as soon as
he has knowledge of the discharge;
b. Where a release enters a municipal separate storm
sewer system (MS4), the permittee shall also notify the
owner of the MS4; and
c. The storm water pollution prevention plan required
under Part III shall be reviewed to identify measures to
prevent the reoccurrence of such releases and to respond
to such releases, and the plan shall be modified where
appropriate.
3. Colocated industrial activity. If the facility has industrial
activities occurring on-site which are described by any of
the activities in Part IV of the permit (9VAC25-151-90 et
seq.), those industrial activities are considered to be
colocated industrial activities. Storm water discharges from
colocated industrial activities are authorized by this permit,
provided that the permittee complies with any and all
additional pollution prevention plan and monitoring
requirements from Part IV applicable to that particular
colocated industrial activity. The permittee shall determine
which additional pollution prevention plan and monitoring
requirements are applicable to the colocated industrial
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activity by examining the narrative descriptions of each
coverage section (Discharges covered under this section).
4. The storm water discharges authorized by this permit
may be combined with other sources of storm water which
are not required to be covered under a VPDES permit, so
long as the combined discharge is in compliance with this
permit.
5. There shall be no discharge of waste, garbage, or
floating solids or visible foam debris in other than trace
amounts.
6. Salt storage piles or piles containing salt. Storage piles
of salt or piles containing salt used for deicing or other
commercial or industrial purposes shall be enclosed or
covered to prevent exposure to precipitation. The permittee
shall implement appropriate measures (e.g., good
housekeeping, diversions, containment) to minimize
exposure resulting from adding to or removing materials
from the pile. All salt storage piles shall be located on an
impervious surface. All runoff from the pile, and/or runoff
that comes in contact with salt, including under drain
systems, shall be collected and contained within a bermed
basin lined with concrete or other impermeable materials,
or within an underground storage tank(s), or within an
above ground storage tank(s), or disposed of through a
sanitary sewer (with the permission of the treatment
facility). A combination of any or all of these methods may
be used. In no case shall salt contaminated storm water be
allowed to discharge directly to the ground or to state
waters. [ 6. Approval for coverage under this general
permit does not relieve the permittee of the responsibility
to comply with any other applicable federal, state, or local
statute, ordinance, or regulation. ]
[ 7. 6. ] Discharges to waters subject to TMDL wasteload
allocations.
Facilities a. Owners of facilities that are a source of the
specified pollutant of concern to waters for which a "total
maximum daily load" (TMDL) wasteload allocation has
been established by the board and approved by EPA prior
to the term of this permit shall incorporate measures and
controls into the SWPPP required by Part III that are
consistent with the assumptions and requirements of the
TMDL. The department will provide written notification
to the owner that a facility is subject to the TMDL
requirements. The facility's SWPPP shall specifically
address any conditions or requirements included in the
TMDL that are applicable to discharges from the facility.
If the TMDL establishes a specific numeric wasteload
allocation that applies to discharges from the facility, the
owner shall perform any required monitoring in
accordance with Part I A 1 c (3), and implement [ BMPs
control measures ] designed to meet that allocation.
b. Facilities in the Chesapeake Bay watershed.
(1) Owners of facilities in the Chesapeake Bay watershed
shall monitor their discharges for total suspended solids
(TSS), total nitrogen (TN), and total phosphorus (TP) to
characterize the contributions from their facility's
specific industrial sector for these parameters [ ,. ] After
the facility is granted coverage under the permit, samples
shall be collected during each of the first four monitoring
periods (i.e., the first two years of permit coverage).
Monitoring periods are specified in Part I A 2. Samples
shall be collected and analyzed in accordance with Part I
A 2. Monitoring results shall be reported in accordance
with Part I A 5 and Part II C, and retained in accordance
with Part II B.
[ (2) Facilities that were covered under the 2009
industrial stormwater general permit that sampled for
TSS, TN, or TP may use applicable sampling data from
the last two monitoring periods of that permit and the
first two monitoring periods of this permit to satisfy the
four consecutive monitoring periods requirement.
(3) Chesapeake Bay TMDL wasteload allocations and
Chesapeake Bay TMDL action plans.
(a) EPA's Chesapeake Bay TMDL (December 29, 2010)
includes wasteload allocations for VPDES permitted
industrial storm water facilities as part of the regulated
stormwater aggregate load. EPA used data submitted by
Virginia with the Phase I Chesapeake Bay TMDL
Watershed Implementation Plan, including the number of
industrial stormwater permits per county and the number
of urban acres regulated by industrial stormwater
permits, as part of their development of the aggregate
load. Aggregate loads for industrial storm water facilities
were appropriate because actual facility loading data
were not available to develop individual facility
wasteload allocations.
Virginia estimated the loadings from industrial
stormwater facilities using actual and estimated facility
acreage information and TP, TN, and TSS loading values
from the Northern Virginia Planning District
Commission (NVPDC) Guidebook for Screening Urban
Nonpoint Pollution Management Strategies (Annandale,
VA November 1979), prepared for the Metropolitan
Washington Council of Governments. The loading values
used were as follows:
TP - High (80%) imperviousness industrial; 1.5 lb/ac/yr
TN - High (80%) imperviousness industrial; 12.3 lb/ac/yr
TSS - High (80%) imperviousness industrial; 440
lb/ac/yr
The actual facility area information and the TP, TN, and
TSS data collected for this permit will be used by the
board to quantify the nutrient and sediment loads from
VPDES permitted industrial storm water facilities and
will be submitted to EPA to aid in further refinements to
its Chesapeake Bay TMDL model. The loading
information will also be used by the board to determine
any additional load reductions needed for industrial
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1493
storm water facilities for the next reissuance of this
permit.
(b) Data analysis and Chesapeake Bay TMDL action
plans. The permittee shall analyze the nutrient and
sediment data collected in accordance with subdivision 7
b (1) of this subsection to determine if additional action
is needed for this permit term. The permittee shall
average the data collected at the facility for each of the
pollutants of concern (POC) (e.g., TP, TN, and TSS) and
compare the results to the loading values for TP, TN, and
TSS presented in subdivision 7 b (3) (a) of this
subsection. To calculate the facility loadings, the
permittee may use either (i) actual annual average rainfall
data for the facility location (in inches/year), or the
Virginia annual average rainfall of 44.3 inches/year; or
(ii) another method approved by the board.
The following formula may be used to determine the
loading value:
L = (0.2263 x R x C) / A
where:
L = the POC loading value (lb/acre/year)
R = the annual average rainfall (inches/year)
C = the POC average concentration of all facility samples
(mg/L)
A = the facility industrial activity area (acres)
(c) If the calculated facility loading value for TP, TN, or
TSS is above the loading values for TP, TN, or TSS
presented in subdivision 7 b (3) (a) of this subsection,
then the permittee shall develop and submit to the board
for review and approval a Chesapeake Bay TMDL
Action Plan. The plan shall be submitted within 90 days
from the end of the second year's monitoring period (by
September 28, 2016). The permittee shall implement the
approved plan over the remaining term of this permit to
achieve all the necessary reductions by June 30, 2024.
The action plan shall include:
(i) A determination of the total pollutant load reductions
for TP, TN, and TSS (as appropriate) necessary to reduce
the annual loads from industrial activities. This shall be
determined by calculating the difference between the
loading values listed in subdivision 7 b (3) (a) of this
subsection, and the average of the sampling data for TP,
TN, or TSS (as appropriate) for the entire facility. The
reduction applies to the total difference calculated for
each pollutant of concern;
(ii) The means and methods, such as management
practices and retrofit programs, that will be utilized to
meet the required reductions determined in subdivision 7
b (3) (c) (i) of this subsection, and a schedule to achieve
those reductions by June 30, 2024. The schedule should
include annual benchmarks to demonstrate the ongoing
progress in meeting those reductions; and
(iii) The permittee may consider utilization of any
pollutant trading or offset program in accordance with
§§ 62.1-44.19:20 through 62.1-44.19:23 of the Code of
Virginia, governing trading and offsetting, to meet the
required reductions.
(d) A permittee required to develop and implement a
Chesapeake Bay TMDL Action Plan shall submit an
annual report to the department by June 30 of each year
describing the progress in meeting the required
reductions. ]
[ 7. 8. ] Discharges through a [ Virginia Stormwater
Management Program (VSMP) ] regulated MS4 to waters
subject to the Chesapeake Bay TMDL. [ Any In addition to
the requirements of this permit, any ] facility with
industrial activity discharges through a [ VSMP ] regulated
MS4 that is notified by the MS4 operator that the locality
has adopted ordinances to meet the Chesapeake Bay
TMDL shall incorporate measures and controls into its
SWPPP to comply with [ the local ordinances applicable
local TMDL ordinance requirements ].
[ 8. 9. ] Expansion of facilities that discharge to waters
subject to the Chesapeake Bay TMDL. [ a. After
November 29, 2010, (the date of ] Virginia's Phase I
Chesapeake Bay TMDL Watershed Implementation Plan
[ (November 29, 2010 ] ), [ states that ] the waste loads
from any expansion of an existing permitted facility
discharging storm water in the Chesapeake Bay watershed
cannot exceed the nutrient and sediment loadings that were
discharged from the expanded portion of the land prior to
the land being developed for the [ expanded ] industrial
activity.
[ b. The a. For any industrial activity area expansions
(i.e., construction activities, including clearing, grading,
and excavation activities) that commence on or after July
1, 2014, (the effective date of this permit), the ] permittee
shall document in the SWPPP the information and
calculations used to determine the nutrient and sediment
loadings discharged from the expanded [ portion of the ]
land [ area ] prior to the land being developed [ , ] and
the measures and controls that were employed to meet
the no net increase of stormwater nutrient and sediment
load as a result of the expansion of the industrial
activity. [ Any land disturbance that is exempt from
permitting under the VPDES construction stormwater
general permit regulation (9VAC25-880) is exempt from
this requirement. ]
[ c. b. ] The permittee may use the VSMP water quality
design criteria to meet the requirements of [ subdivisions
a and b subdivision 9 a ] of this subsection. Under this
criteria, the total phosphorus load shall not exceed the
greater of: (i) the total phosphorus load that was
discharged from the expanded portion of the land prior to
the land being developed for the industrial activity or (ii)
0.41 pounds per acre per year. Compliance with the
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water quality design criteria may be determined utilizing
the Virginia Runoff Reduction Method or another
equivalent methodology approved by the board. Design
specifications and pollutant removal efficiencies for
[ specific ] BMPs can be found on the Virginia [ Storm
Water Stormwater ] BMP Clearinghouse website at
http://www.vwrrc.vt.edu/swc.
[ d. The facility owner may acquire nutrient credits c.
The permittee may consider utilization of any pollutant
trading or offset program in accordance with §§ 62.1-
44.19:20 through 62.1-44.19:23 of the Code of Virginia,
governing trading and offsetting, ] to meet the no net
increase requirement [ in accordance with applicable
regulations ].
8. [ 9. 10. ] Water quality protection. The discharges
authorized by this permit shall be controlled as necessary
to meet applicable water quality standards. The permittee
shall employ an iterative, BMP-based program to select,
install, implement and maintain best management practices
(BMPs) at the facility designed to minimize pollutants in
the storm water discharges, and to address any exceedance
of any applicable water quality standard, effluent
limitation, or TMDL waste load allocation. The board
expects that compliance with the conditions in this permit
will control discharges as necessary to meet applicable
water quality standards. If there is evidence indicating that
the storm water discharges authorized by this permit are
causing, have the reasonable potential to cause, or are
contributing to an excursion above an applicable water
quality standard, an excursion above a TMDL wasteload
allocation, or are causing downstream pollution (as defined
in § 62.1-44.3 of the Code of Virginia), the board may
require the permittee to take corrective action in
accordance with Part I A 5 b and c, and include and
implement appropriate controls in the SWPPP to correct
the problem, or may require the permittee to obtain an
individual permit in accordance with 9VAC25-31-170 B 3.
9. Adding/deleting [ 10. 11. ] Adding or deleting storm
water outfalls. The permittee may add new and/or or delete
existing storm water outfalls at the facility as
necessary/appropriate necessary and appropriate. The
permittee shall update the SWPPP and notify the
department of all outfall changes within 30 days of the
change. The permittee shall submit a copy of the updated
SWPPP site map with [ their this ] notification.
10. [ 11. 12. ] Antidegradation requirements for new or
increased discharges to high quality waters. Facilities that
add new outfalls, or increase their discharges from existing
outfalls that discharge directly to high quality waters
designated under Virginia's water quality standards
antidegradation policy under 9VAC25-260-30 A 2 may be
notified by the department that additional control
measures, or other permit conditions are necessary to
comply with the applicable antidegradation requirements,
or may be notified that an individual permit is required in
accordance with 9VAC25-31-170 B 3.
[ 12. 13. ] If the permittee discharges to surface waters
through a municipal separate storm sewer system (MS4),
the permittee shall, within 30 days of coverage under this
general permit, notify the owner of the MS4 in writing of
the existence of the discharge and provide the following
information: the name of the facility, a contact person and
phone number, the location of the discharge, the nature of
the discharge, and the facility's VPDES general permit
registration number. A copy of such notification shall be
provided to the department.
[ 13. 14. ] Termination of permit coverage.
a. The owner may terminate coverage under this general
permit by filing a complete notice of termination. The
notice of termination may be filed after one or more of
the following conditions have been met:
(1) Operations have ceased at the facility and there are no
longer discharges of storm water associated with
industrial activity from the facility;
(2) A new owner has assumed responsibility for the
facility (Note: A notice of termination does not have to
be submitted if a VPDES Change of Ownership
Agreement Form has been submitted);
(3) All storm water discharges associated with industrial
activity have been covered by an individual VPDES
permit; or
(4) Termination of coverage is being requested for
another reason, provided the board agrees that coverage
under this general permit is no longer needed.
b. The notice of termination shall contain the following
information:
(1) Owner's name, mailing address, telephone number,
and email address (if available);
(2) Facility name and location;
(3) VPDES industrial storm water general permit
registration number;
(4) The basis for submitting the notice of termination,
including:
(a) A statement indicating that a new owner has assumed
responsibility for the facility;
(b) A statement indicating that operations have ceased at
the facility, and there are no longer discharges of storm
water associated with industrial activity from the facility;
(c) A statement indicating that all storm water discharges
associated with industrial activity have been covered by
an individual VPDES permit; or
(d) A statement indicating that termination of coverage is
being requested for another reason (state the reason); and
(5) The following certification: "I certify under penalty
of law that all storm water discharges associated with
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industrial activity from the identified facility that are
authorized by this VPDES general permit have been
eliminated, or covered under a VPDES individual permit,
or that I am no longer the owner of the industrial activity,
or permit coverage should be terminated for another
reason listed above. I understand that by submitting this
notice of termination, that I am no longer authorized to
discharge storm water associated with industrial activity
in accordance with the general permit, and that
discharging pollutants in storm water associated with
industrial activity to surface waters is unlawful where the
discharge is not authorized by a VPDES permit. I also
understand that the submittal of this notice of termination
does not release an owner from liability for any
violations of this permit or the Clean Water Act."
c. The notice of termination shall be signed in accordance
with Part II K.
d. The notice of termination shall be submitted to the
DEQ regional office serving the area where the industrial
facility is located.
Part II
Conditions Applicable to All VPDES Permits
A. Monitoring.
1. Samples and measurements taken as required by this
permit shall be representative of the monitored activity.
2. Monitoring shall be conducted according to procedures
approved under 40 CFR Part 136 (2007) or alternative
methods approved by the U.S. Environmental Protection
Agency, unless other procedures have been specified in
this permit.
3. The permittee shall periodically calibrate and perform
maintenance procedures on all monitoring and analytical
instrumentation at intervals that will [ insure ensure ]
accuracy of measurements.
4. Samples taken as required by this permit shall be
analyzed in accordance with 1VAC30-45 (Certification for
Noncommercial Environmental Laboratories) or 1VAC30-
46 (Accreditation for Commercial Environmental
Laboratories).
B. Records.
1. Records of monitoring information shall include:
a. The date, exact place, and time of sampling or
measurements;
b. The individual(s) who performed the sampling or
measurements;
c. The date(s) and time(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
2. The permittee shall retain copies of the SWPPP,
including any modifications made during the term of this
permit, records of all monitoring information, including all
calibration and maintenance records and all original strip
chart recordings for continuous monitoring
instrumentation, copies of all reports required by this
permit, and records of all data used to complete the
registration statement for this permit, for a period of at
least three years from the date that coverage under this
permit expires or is terminated. This period of retention
shall be extended automatically during the course of any
unresolved litigation regarding the regulated activity or
regarding control standards applicable to the permittee, or
as requested by the board.
C. Reporting monitoring results.
1. The permittee shall submit the results of the monitoring
required by this permit not later than the 10th day of the
month after monitoring takes place, unless another
reporting schedule is specified elsewhere in this permit.
Monitoring results shall be submitted to the department's
regional office.
2. Monitoring results shall be reported on a discharge
monitoring report (DMR) or on forms provided, approved
or specified by the department.
3. If the permittee monitors any pollutant specifically
addressed by this permit more frequently than required by
this permit using test procedures approved under 40 CFR
Part 136 (2007) or using other test procedures approved by
the U.S. Environmental Protection Agency or using
procedures specified in this permit, the results of this
monitoring shall be included in the calculation and
reporting of the data submitted on the DMR or reporting
form specified by the department.
4. Calculations for all limitations which require averaging
of measurements shall utilize an arithmetic mean unless
otherwise specified in this permit.
D. Duty to provide information. The permittee shall furnish
to the department, within a reasonable time, any information
which the board may request to determine whether cause
exists for modifying, revoking and reissuing, or terminating
coverage under this permit or to determine compliance with
this permit. The board may require the permittee to furnish,
upon request, such plans, specifications, and other pertinent
information as may be necessary to determine the effect of
the wastes from his the discharge on the quality of state
waters, or such other information as may be necessary to
accomplish the purposes of the State Water Control Law. The
permittee shall also furnish to the department upon request,
copies of records required to be kept by this permit.
E. Compliance schedule reports. Reports of compliance or
noncompliance with, or any progress reports on, interim and
final requirements contained in any compliance schedule of
this permit shall be submitted no later than 14 days following
each schedule date.
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F. Unauthorized discharges. Except in compliance with this
permit, or another permit issued by the board, it shall be
unlawful for any person to:
1. Discharge into state waters sewage, industrial wastes,
other wastes, or any noxious or deleterious substances; or
2. Otherwise alter the physical, chemical or biological
properties of such state waters and make them detrimental
to the public health, or to animal or aquatic life, or to the
use of such waters for domestic or industrial consumption,
or for recreation, or for other uses.
G. Reports of unauthorized discharges. Any permittee who
discharges or causes or allows a discharge of sewage,
industrial waste, other wastes or any noxious or deleterious
substance into or upon state waters in violation of Part II F; or
who discharges or causes or allows a discharge that may
reasonably be expected to enter state waters in violation of
Part II F, shall notify the department of the discharge
immediately upon discovery of the discharge, but in no case
later than 24 hours after said discovery. A written report of
the unauthorized discharge shall be submitted to the
department within five days of discovery of the discharge.
The written report shall contain:
1. A description of the nature and location of the discharge;
2. The cause of the discharge;
3. The date on which the discharge occurred;
4. The length of time that the discharge continued;
5. The volume of the discharge;
6. If the discharge is continuing, how long it is expected to
continue;
7. If the discharge is continuing, what the expected total
volume of the discharge will be; and
8. Any steps planned or taken to reduce, eliminate and
prevent a recurrence of the present discharge or any future
discharges not authorized by this permit.
Discharges reportable to the department under the
immediate reporting requirements of other regulations are
exempted from this requirement.
H. Reports of unusual or extraordinary discharges. If any
unusual or extraordinary discharge including a bypass or
upset should occur from a treatment works and the discharge
enters or could be expected to enter state waters, the permittee
shall promptly notify, in no case later than 24 hours, the
department by telephone after the discovery of the discharge.
This notification shall provide all available details of the
incident, including any adverse [ affects effects ] on aquatic
life and the known number of fish killed. The permittee shall
reduce the report to writing and shall submit it to the
department within five days of discovery of the discharge in
accordance with Part II I 2. Unusual and extraordinary
discharges include but are not limited to any discharge
resulting from:
1. Unusual spillage of materials resulting directly or
indirectly from processing operations;
2. Breakdown of processing or accessory equipment;
3. Failure or taking out of service some or all of the
treatment works; and
4. Flooding or other acts of nature.
I. Reports of noncompliance. The permittee shall report any
noncompliance which may adversely affect state waters or
may endanger public health.
1. An oral report shall be provided within 24 hours from
the time the permittee becomes aware of the
circumstances. The following shall be included as
information which shall be reported within 24 hours under
this paragraph:
a. Any unanticipated bypass; and
b. Any upset which causes a discharge to surface waters.
2. A written report shall be submitted within five days and
shall contain:
a. A description of the noncompliance and its cause;
b. The period of noncompliance, including exact dates
and times, and if the noncompliance has not been
corrected, the anticipated time it is expected to continue;
and
c. Steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance.
The board may waive the written report on a case-by-case
basis for reports of noncompliance under Part II I if the
oral report has been received within 24 hours and no
adverse impact on state waters has been reported.
3. The permittee shall report all instances of
noncompliance not reported under Part II I 1 or 2, in
writing, at the time the next monitoring reports are
submitted. The reports shall contain the information listed
in Part II I 2.
NOTE: The immediate (within 24 hours) reports required in
Part II G, H and I may be made to the department's regional
office. Reports may be made by telephone or by fax, FAX, or
online at http://www.deq.virginia.gov/Programs/Pollution
ResponsePreparedness/MakingaReport.aspx. For reports
outside normal working hours, leave a message may be left
and this shall fulfill the immediate reporting requirement. For
emergencies, the Virginia Department of Emergency
Management maintains a 24-hour telephone service at 1-800-
468-8892.
J. Notice of planned changes.
1. The permittee shall give notice to the department as
soon as possible of any planned physical alterations or
additions to the permitted facility. Notice is required only
when:
a. The permittee plans alteration or addition to any
building, structure, facility, or installation from which
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there is or may be a discharge of pollutants, the
construction of which commenced:
(1) After promulgation of standards of performance
under § 306 of the Clean Water Act which are applicable
to such source; or
(2) After proposal of standards of performance in
accordance with § 306 of the Clean Water Act which are
applicable to such source, but only if the standards are
promulgated in accordance with § 306 within 120 days of
their proposal;
b. The alteration or addition could significantly change
the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants which
are subject neither to effluent limitations nor to
notification requirements specified elsewhere in this
permit; or
c. The alteration or addition results in a significant
change in the permittee's sludge use or disposal practices,
and such alteration, addition, or change may justify the
application of permit conditions that are different from or
absent in the existing permit, including notification of
additional use or disposal sites not reported during the
permit application process or not reported pursuant to an
approved land application plan.
2. The permittee shall give advance notice to the
department of any planned changes in the permitted facility
or activity which may result in noncompliance with permit
requirements.
K. Signatory requirements.
1. Registration statement. All registration statements shall
be signed as follows:
a. For a corporation: by a responsible corporate officer.
For the purpose of this section, a responsible corporate
officer means: (i) a president, secretary, treasurer, or
vice-president of the corporation in charge of a principal
business function, or any other person who performs
similar policy-making or decision-making functions for
the corporation; or (ii) the manager of one or more
manufacturing, production, or operating facilities,
provided the manager is authorized to make management
decisions that govern the operation of the regulated
facility including having the explicit or implicit duty of
making major capital investment recommendations, and
initiating and directing other comprehensive measures to
assure long-term environmental compliance with
environmental laws and regulations; the manager can
ensure that the necessary systems are established or
actions taken to gather complete and accurate
information for permit application registration
requirements; and where authority to sign documents has
been assigned or delegated to the manager in accordance
with corporate procedures;
b. For a partnership or sole proprietorship: by a general
partner or the proprietor, respectively; or
c. For a municipality, state, federal, or other public
agency: by either a principal executive officer or ranking
elected official. For purposes of this section, a principal
executive officer of a public agency includes: (i) the
chief executive officer of the agency, or (ii) a senior
executive officer having responsibility for the overall
operations of a principal geographic unit of the agency.
2. Reports, etc. All reports required by permits, and other
information requested by the board shall be signed by a
person described in Part II K 1 or by a duly authorized
representative of that person. A person is a duly authorized
representative only if:
a. The authorization is made in writing by a person
described in Part II K 1;
b. The authorization specifies either an individual or a
position having responsibility for the overall operation of
the regulated facility or activity such as the position of
plant manager, operator of a well or a well field,
superintendent, position of equivalent responsibility, or
an individual or position having overall responsibility for
environmental matters for the company. A duly
authorized representative may thus be either a named
individual or any individual occupying a named position;
and
c. The written authorization is submitted to the
department.
3. Changes to authorization. If an authorization under Part
II K 2 is no longer accurate because a different individual
or position has responsibility for the overall operation of
the facility, a new authorization satisfying the requirements
of Part II K 2 shall be submitted to the department prior to
or together with any reports, or information to be signed by
an authorized representative.
4. Certification. Any person signing a document under Part
II K 1 or 2 shall make the following certification:
"I certify under penalty of law that this document and all
attachments were prepared under my direction or
supervision in accordance with a system designed to
assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry
of the person or persons who manage the system, or
those persons directly responsible for gathering the
information, the information submitted is, to the best of
my knowledge and belief, true, accurate, and complete. I
am aware that there are significant penalties for
submitting false information, including the possibility of
fine and imprisonment for knowing violations."
L. Duty to comply. The permittee shall comply with all
conditions of this permit. Any permit noncompliance
constitutes a violation of the State Water Control Law and the
Clean Water Act, except that noncompliance with certain
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provisions of this permit may constitute a violation of the
State Water Control Law but not the Clean Water Act. Permit
noncompliance is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or
denial of a permit coverage renewal application.
The permittee shall comply with effluent standards or
prohibitions established under § 307(a) of the Clean Water
Act for toxic pollutants and with standards for sewage sludge
use or disposal established under § 405(d) of the Clean Water
Act within the time provided in the regulations that establish
these standards or prohibitions or standards for sewage sludge
use or disposal, even if this permit has not yet been modified
to incorporate the requirement.
M. Duty to reapply. If the permittee wishes to continue an
activity regulated by this permit after the expiration date of
this permit, the permittee shall submit a new registration
statement at least 90 60 days before the expiration date of the
existing permit, unless permission for a later date has been
granted by the board. The board shall not grant permission for
registration statements to be submitted later than the
expiration date of the existing permit.
N. Effect of a permit. This permit does not convey any
property rights in either real or personal property or any
exclusive privileges, nor does it authorize any injury to
private property or invasion of personal rights, or any
infringement of federal, state or local law or regulations.
O. State law. Nothing in this permit shall be construed to
preclude the institution of any legal action under, or relieve
the permittee from any responsibilities, liabilities, or penalties
established pursuant to any other state law or regulation or
under authority preserved by § 510 of the Clean Water Act.
Except as provided in permit conditions on "bypassing" (Part
II U), and "upset" (Part II V) nothing in this permit shall be
construed to relieve the permittee from civil and criminal
penalties for noncompliance.
P. Oil and hazardous substance liability. Nothing in this
permit shall be construed to preclude the institution of any
legal action or relieve the permittee from any responsibilities,
liabilities, or penalties to which the permittee is or may be
subject under §§ 62.1-44.34:14 through 62.1-44.34:23 of the
State Water Control Law.
Q. Proper operation and maintenance. The permittee shall at
all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances)
which are installed or used by the permittee to achieve
compliance with the conditions of this permit. Proper
operation and maintenance also includes effective plant
performance, adequate funding, adequate staffing, and
adequate laboratory and process controls, including
appropriate quality assurance procedures. This provision
requires the operation of back-up or auxiliary facilities or
similar systems which are installed by the permittee only
when the operation is necessary to achieve compliance with
the conditions of this permit.
R. Disposal of solids or sludges. Solids, sludges or other
pollutants removed in the course of treatment or management
of pollutants shall be disposed of in a manner so as to prevent
any pollutant from such materials from entering state waters.
S. Duty to mitigate. The permittee shall take all reasonable
steps to minimize or prevent any discharge or sludge use or
disposal in violation of this permit which has a reasonable
likelihood of adversely affecting human health or the
environment.
T. Need to halt or reduce activity not a defense. It shall not
be a defense for a permittee in an enforcement action that it
would have been necessary to halt or reduce the permitted
activity in order to maintain compliance with the conditions
of this permit.
U. Bypass.
1. "Bypass" means the intentional diversion of waste
streams from any portion of a treatment facility. The
permittee may allow any bypass to occur which does not
cause effluent limitations to be exceeded, but only if it also
is for essential maintenance to assure efficient operation.
These bypasses are not subject to the provisions of Part II
U 2 and 3.
2. Notice.
a. Anticipated bypass. If the permittee knows in advance
of the need for a bypass, prior notice shall be submitted,
if possible at least 10 days before the date of the bypass.
b. Unanticipated bypass. The permittee shall submit
notice of an unanticipated bypass as required in Part II I.
3. Prohibition of bypass.
a. Bypass is prohibited, and the board may take
enforcement action against a permittee for bypass,
unless:
(1) Bypass was unavoidable to prevent loss of life,
personal injury, or severe property damage;
(2) There were no feasible alternatives to the bypass,
such as the use of auxiliary treatment facilities, retention
of untreated wastes, or maintenance during normal
periods of equipment downtime. This condition is not
satisfied if adequate back-up equipment should have
been installed in the exercise of reasonable engineering
judgment to prevent a bypass which occurred during
normal periods of equipment downtime or preventive
maintenance; and
(3) The permittee submitted notices as required under
Part II U 2.
b. The board may approve an anticipated bypass, after
considering its adverse effects, if the board determines
that it will meet the three conditions listed above in Part
II U 3 a.
V. Upset.
1. An upset constitutes an affirmative defense to an action
brought for noncompliance with technology based permit
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effluent limitations if the requirements of Part II V 2 are
met. A determination made during administrative review of
claims that noncompliance was caused by upset, and
before an action for noncompliance, is not a final
administrative action subject to judicial review.
2. A permittee who wishes to establish the affirmative
defense of upset shall demonstrate, through properly
signed, contemporaneous operating logs, or other relevant
evidence that:
a. An upset occurred and that the permittee can identify
the cause(s) of the upset;
b. The permitted facility was at the time being properly
operated;
c. The permittee submitted notice of the upset as required
in Part II I; and
d. The permittee complied with any remedial measures
required under Part II S.
3. In any enforcement proceeding the permittee seeking to
establish the occurrence of an upset has the burden of
proof.
W. Inspection and entry. The permittee shall allow the
director, or an authorized representative, upon presentation of
credentials and other documents as may be required by law,
to:
1. Enter upon the permittee's premises where a regulated
facility or activity is located or conducted, or where
records must be kept under the conditions of this permit;
2. Have access to and copy, at reasonable times, any
records that must be kept under the conditions of this
permit;
3. Inspect at reasonable times any facilities, equipment
(including monitoring and control equipment), practices, or
operations regulated or required under this permit; and
4. Sample or monitor at reasonable times, for the purposes
of assuring permit compliance or as otherwise authorized
by the Clean Water Act and the State Water Control Law,
any substances or parameters at any location.
For purposes of this section, the time for inspection shall be
deemed reasonable during regular business hours, and
whenever the facility is discharging. Nothing contained
herein shall make an inspection unreasonable during an
emergency.
X. Permit actions. Permits may be modified, revoked and
reissued, or terminated for cause. The filing of a request by
the permittee for a permit modification, revocation and
reissuance, or termination, or a notification of planned
changes or anticipated noncompliance does not stay any
permit condition.
Y. Transfer of permits.
1. Permits are not transferable to any person except after
notice to the department. Except as provided in Part II Y 2, a
permit may be transferred by the permittee to a new owner or
operator only if the permit has been modified or revoked and
reissued, or a minor modification made, to identify the new
permittee and incorporate such other requirements as may be
necessary under the State Water Control Law and the Clean
Water Act.
2. As an alternative to transfers under Part II Y 1, Coverage
under this permit may be automatically transferred to a new
permittee if:
a. 1. The current permittee notifies the department [ at least
within ] 30 days [ in advance ] of the proposed transfer of
the title to the facility or property, unless permission for a
later date has been granted by the board;
b. 2. The notice includes a written agreement between the
existing and new permittees containing a specific date for
transfer of permit responsibility, coverage, and liability
between them; and
c. 3. The board does not notify the existing permittee and
the proposed new permittee of its intent to modify or
revoke and reissue deny the new permittee coverage under
the permit. If this notice is not received, the transfer is
effective on the date specified in the agreement mentioned
in Part II Y 2 b.
Z. Severability. The provisions of this permit are severable,
and if any provision of this permit or the application of any
provision of this permit to any circumstance, is held invalid,
the application of such provision to other circumstances, and
the remainder of this permit, shall not be affected thereby.
Part III
Storm Water Pollution Prevention Plan
9VAC25-151-80. Storm Water Pollution Prevention Plans.
A Storm Water Pollution Prevention Plan (SWPPP) shall be
developed and implemented for the facility covered by this
permit. The SWPPP [ shall include ] Best Management
Practices (BMPs) that are reasonable, economically
practicable, and appropriate in light of current industry
practices. The BMPs shall be [ is intended to document the
selection, design, and installation of ] control measures
[ selected, designed, installed, implemented and maintained in
accordance with good engineering practices and
manufacturer's specifications, including BMPs, ] to eliminate
or reduce the pollutants in all storm water discharges from the
facility. The SWPPP shall also include any control measures
necessary for the storm water discharges, and to meet
applicable effluent limitations and water quality standards.
The SWPPP requirements of this general permit may be
fulfilled, in part, by incorporating by reference other plans or
documents such as a spill prevention control and
countermeasure (SPCC) plan developed for the facility under
§ 311 of the Clean Water Act, or best management practices
(BMP) programs otherwise required for the facility, provided
that the incorporated plan meets or exceeds the plan
requirements of Part III B (Contents of the Plan). All plans
incorporated by reference into the SWPPP become
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enforceable under this permit. If a plan incorporated by
reference does not contain all of the required elements of the
SWPPP of Part III B, the permittee shall develop the missing
SWPPP elements and include them in the required plan.
A. Deadlines for plan preparation and compliance.
1. Facilities that were covered under the 2004 2009
Industrial Storm Water General Permit. Owners of
facilities that were covered under the 2004 2009 Industrial
Storm Water General Permit who are continuing coverage
under this general permit shall update and implement any
revisions to the SWPPP not later than October 1, 2009
within 90 days of the board granting coverage under this
permit.
2. New facilities, facilities previously covered by an
expiring individual permit, and existing facilities not
currently covered by a VPDES permit. Owners of new
facilities, facilities previously covered by an expiring
individual permit, and existing facilities not currently
covered by a VPDES permit who elect to be covered under
this general permit shall prepare and implement the
SWPPP prior to submitting the registration statement.
3. New owners of existing facilities. Where the owner of
an existing facility that is covered by this permit changes,
the new owner of the facility shall update and implement
any revisions to the SWPPP within 60 days of the
ownership change.
4. Extensions. Upon a showing of good cause, the director
may establish a later date in writing for the preparation and
compliance with the SWPPP.
B. Contents of the plan. The contents of the SWPPP shall
comply with the requirements listed below and those in the
appropriate sectors of Part IV (9VAC25-151-90 et seq.) [ . ]
These requirements are cumulative. If a facility has colocated
activities that are covered in more than one sector of Part IV,
that facility's pollution prevention plan shall comply with the
requirements listed in all applicable sectors. The following
requirements are applicable to all SWPPPs developed under
this general permit. The plan shall include, at a minimum, the
following items:
1. Pollution prevention team. The plan shall identify the
staff individuals by name or title that who comprise the
facility's storm water pollution prevention team. The
pollution prevention team is responsible for assisting the
facility or plant manager in developing, implementing,
maintaining, revising and ensuring compliance with the
facility's SWPPP. Specific responsibilities of each staff
individual on the team shall be identified and listed.
2. Site description. The SWPPP shall include the
following:
a. Activities at the facility. A description of the nature of
the industrial activities at the facility.
b. General location map. A general location map (e.g.,
USGS quadrangle or other map) with enough detail to
identify the location of the facility and the receiving
waters within one mile of the facility.
c. Site map. A site Map map identifying the following:
(1) The [ boundaries of the property and the ] size of the
property (in acres);
(2) The location and extent of significant structures and
impervious surfaces (roofs, paved areas and other
impervious areas);
(3) Locations of all storm water conveyances including
ditches, pipes, swales, and inlets, and the directions of
storm water flow (use arrows to show which ways storm
water will flow);
(4) Locations of all existing structural and source control
[ measures, including ] BMPs;
(5) Locations of all surface water bodies, including
wetlands;
(6) Locations of potential pollutant sources identified
under Part III B 3;
(7) Locations where significant spills or leaks identified
under Part III B 4 have occurred;
(8) Locations of the following activities where such
activities are exposed to precipitation: fueling stations;
vehicle and equipment maintenance and/or and cleaning
areas; loading/unloading loading and unloading areas;
locations used for the treatment, storage or disposal of
wastes; liquid storage tanks; processing and storage
areas; access roads, rail cars and tracks; transfer areas for
substances in bulk; and machinery;
(9) Locations of storm water outfalls and an approximate
outline of the area draining to each outfall, and location
of municipal storm sewer systems, if the storm water
from the facility discharges to them. Outfalls shall be
numbered using a unique numerical identification code
for each outfall (e.g., Outfall No. 001, No. 002, etc.);
(10) Location and description of all nonstorm water
discharges;
(11) Location of any storage piles containing salt used
for deicing or other commercial or industrial purposes;
and
(12) Locations and sources of runon to the site from
adjacent property, where the runon contains significant
quantities of pollutants. The permittee shall include an
evaluation with the SWPPP of how the quality of the
storm water running onto the facility impacts the
facility's storm water discharges.; and
(13) Locations of all storm water monitoring points.
d. Receiving waters and wetlands. The name of all
surface waters receiving discharges from the site,
including intermittent streams, dry sloughs, and arroyos.
Provide a description of wetland sites that may receive
discharges from the facility. If the facility discharges
through a municipal separate storm sewer system (MS4),
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identify the MS4 operator, and the receiving water to
which the MS4 discharges.
3. Summary of potential pollutant sources. The plan shall
identify each separate area at the facility where industrial
materials or activities are exposed to storm water.
Industrial materials or activities include, but are not limited
to: material handling equipment or activities, industrial
machinery, raw materials, industrial production and
processes, intermediate products, byproducts, final
products, and waste products. Material handling activities
include, but are not limited to: the storage, loading and
unloading, transportation, disposal, or conveyance of any
raw material, intermediate product, final product or waste
product. For each separate area identified, the description
shall include:
a. Activities in the area. A list of the industrial activities
exposed to storm water (e.g., material storage, equipment
fueling and cleaning, cutting steel beams); and
b. Pollutants. A list of the associated pollutant(s) or
pollutant constituents (e.g., crankcase oil, zinc, sulfuric
acid, cleaning solvents, etc.) for associated with each
industrial activity. The pollutant list shall include all
significant materials handled, treated, stored or disposed
that have been exposed to storm water in the three years
prior to the date this SWPPP was prepared or amended.
The list shall include any hazardous substances or oil at
the facility.
4. c. Spills and leaks. The SWPPP shall clearly identify
areas where potential spills and leaks that can contribute
pollutants to storm water discharges can occur and their
corresponding outfalls. The plan shall include a list of
significant spills and leaks of toxic or hazardous
pollutants that actually occurred at exposed areas, or that
drained to a storm water conveyance during the three-
year period prior to the date this SWPPP was prepared or
amended. The list shall be updated if significant spills or
leaks occur in exposed areas of the facility during the
term of the permit. Significant spills and leaks include,
but are not limited to, releases of oil or hazardous
substances in excess of reportable quantities, and may
also include releases of oil or hazardous substances that
are not in excess of reporting requirements.
5. d. Sampling data. The plan shall include a summary of
existing storm water discharge sampling data taken at the
facility. The summary shall include, at a minimum, any
data collected during the previous permit term.
6. 4. Storm water controls.
a. Control measures [ (BMPs) ] shall be implemented for
all the areas identified in Part III B 3 (summary of
potential pollutant sources) to prevent or control
pollutants in storm water discharges from the facility. All
reasonable steps shall be taken to control or address the
quality of discharges from the site that may not originate
at the facility. Regulated storm water discharges from the
facility include storm water runon that commingles with
storm water discharges associated with industrial activity
at the facility. The SWPPP shall describe the type,
location and implementation of all BMPs control
measures for each area where industrial materials or
activities are exposed to storm water.
Selection of BMPs control measures shall take into
consideration:
(1) That preventing storm water from coming into
contact with polluting materials is generally more
effective, and less costly, than trying to remove
pollutants from storm water;
(2) BMPs Control measures generally shall be used in
combination with each other for most effective water
quality protection;
(3) Assessing the type and quantity of pollutants,
including their potential to impact receiving water
quality, is critical to designing effective control
measures;
(4) That minimizing impervious areas at the facility can
reduce runoff and improve groundwater recharge and
stream base flows in local streams (however, care must
be taken to avoid ground water contamination);
(5) Flow attenuation by use of open vegetated swales and
natural depressions can reduce in-stream impacts of
erosive flows;
(6) Conservation or restoration of riparian buffers will
help protect streams from storm water runoff and
improve water quality; and
(7) Treatment interceptors (e.g., swirl separators and sand
filters) may be appropriate in some instances to minimize
the discharge of pollutants.
b. Control measures (Nonnumeric technology-based
effluent limits) Nonnumeric technology-based effluent
limits. The permittee shall implement the following types
of BMPs control measures to prevent and control
pollutants in the storm water discharges from the facility,
unless it can be demonstrated and documented that such
controls are not relevant to the discharges (e.g., there are
no storage piles containing salt).
(1) Good housekeeping. The permittee shall keep clean
all exposed areas of the facility that are potential sources
of pollutants to storm water discharges. Typical problem
areas include areas around trash containers, storage areas,
loading docks, and vehicle fueling and maintenance
areas. The plan shall include a schedule for regular
pickup and disposal of waste materials, along with
routine inspections for leaks and conditions of drums,
tanks and containers. The introduction of raw, final or
waste materials to exposed areas of the facility shall be
minimized to the maximum extent practicable. The
generation of dust, along with off-site vehicle tracking of
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raw, final or waste materials, or sediments, shall be
minimized to the maximum extent practicable.
(2) Eliminating and minimizing exposure. To the extent
practicable, industrial materials and activities
manufacturing, processing, and material storage areas
(including loading and unloading, storage, disposal,
cleaning, maintenance, and fueling operations) shall be
located inside, or protected by a storm-resistant covering
to prevent exposure to rain, snow, snowmelt, and runoff.
Note: Eliminating exposure at all industrial areas may
make the facility eligible for the "Conditional Exclusion
for No Exposure" provision of 9VAC25-31-120 E,
thereby eliminating the need to have a permit.
(3) Preventive maintenance. The permittee shall have a
preventive maintenance program that includes regular
inspection, testing, maintenance and repairing of all
industrial equipment and systems to avoid breakdowns or
failures situations that could result in leaks, spill spills
and other releases of pollutants in storm water discharged
from the facility. This program is in addition to the
specific BMP control measure maintenance required
under Part III C (Maintenance of BMPs) (Maintenance of
control measures).
(4) Spill prevention and response procedures. The plan
shall describe the procedures that will be followed for
preventing and responding to spills and leaks., including:
(a) Preventive measures include, such as barriers between
material storage and traffic areas, secondary containment
provisions, and procedures for material storage and
handling.;
(b) Response procedures shall include, including
notification of appropriate facility personnel, emergency
agencies, and regulatory agencies, and procedures for
stopping, containing and cleaning up spills. Measures for
cleaning up hazardous material spills or leaks shall be
consistent with applicable RCRA regulations at 40 CFR
Part 264 (2007) and 40 CFR Part 265 (2007). Employees
who may cause, detect or respond to a spill or leak shall
be trained in these procedures and have necessary spill
response equipment available. If possible, one of these
individuals shall be a member of the Pollution Prevention
Team.;
(c) Procedures for plainly labeling containers (e.g., "used
oil," "spent solvents," "fertilizers and pesticides," etc.)
that could be susceptible to spillage or leakage to
encourage proper handling and facilitate rapid response if
spills or leaks occur; and
(c) (d) Contact information for individuals and agencies
that must be notified in the event of a spill shall be
included in the SWPPP, and in other locations where it
will be readily available.
(5) Routine facility inspections. Facility personnel who
possess the knowledge and skills to assess conditions and
activities that could impact storm water quality at the
facility, and who can also evaluate the effectiveness of
BMPs shall regularly inspect all areas of the facility
where industrial materials or activities are exposed to
storm water. These inspections are in addition to, or as
part of, the comprehensive site evaluation required under
Part III E. At least one member of the Pollution
Prevention Team shall participate in the routine facility
inspections.
The inspection frequency shall be specified in the plan
based upon a consideration of the level of industrial
activity at the facility, but shall be a minimum of
quarterly unless more frequent intervals are specified
elsewhere in the permit or written approval is received
from the department for less frequent intervals. The
requirement for routine facility inspections is waived for
facilities that have maintained an active E3/E4 status. At
least once each calendar year, the routine facility
inspection must be conducted during a period when a
storm water discharge is occurring.
Any deficiencies in the implementation of the SWPPP
that are found shall be corrected as soon as practicable,
but not later than within 30 days of the inspection, unless
permission for a later date is granted in writing by the
director. The results of the inspections shall be
documented in the SWPPP, along with the date(s) and
description(s) of any corrective actions that were taken in
response to any deficiencies or opportunities for
improvement that were identified.
(5) Salt storage piles or piles containing salt. Storage
piles of salt or piles containing salt used for deicing or
other commercial or industrial purposes shall be enclosed
or covered to prevent exposure to precipitation. The
permittee shall implement appropriate measures (e.g.,
good housekeeping, diversions, containment) to
minimize exposure resulting from adding to or removing
materials from the pile. All salt storage piles shall be
located on an impervious surface. All runoff from the
pile, and runoff that comes in contact with salt, including
under drain systems, shall be collected and contained
within a bermed basin lined with concrete or other
impermeable materials, or within an underground storage
tank or tanks, or within an above ground storage tank or
tanks, or disposed of through a sanitary sewer (with the
permission of the owner of the treatment facility). A
combination of any or all of these methods may be used.
In no case shall salt contaminated storm water be allowed
to discharge directly to the ground or to surface waters.
(6) Employee training. The permittee shall implement a
storm water employee training program for the facility.
[ Employee training shall take place, at a minimum, once
per calendar year. The storm water employee training
program shall include initial training for new hires. ] The
SWPPP shall include a schedule for all types of
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necessary training, and shall document all training
sessions and the employees who received the training.
Training shall be provided for all employees who work in
areas where industrial materials or activities are exposed
to storm water, and for employees who are responsible
for implementing activities identified in the SWPPP (e.g.,
inspectors, maintenance personnel, etc.). The training
shall cover the components and goals of the SWPPP, and
include such topics as spill response, good housekeeping,
material management practices, [ BMP control measure ]
operation and maintenance, etc. The SWPPP shall
include a summary of any training performed.
(7) Sediment and erosion control. The plan shall identify
areas at the facility that, due to topography, land
disturbance (e.g., construction, landscaping, site
grading), or other factors, have a potential for soil
erosion. The permittee shall identify and implement
structural, vegetative, and/or and stabilization [ BMPs
control measures ] to prevent or control on-site and off-
site erosion and sedimentation. Flow velocity dissipation
devices shall be placed at discharge locations and along
the length of any outfall channel if the flows would
otherwise create erosive conditions.
(8) Management of runoff. The plan shall describe the
storm water runoff management practices (i.e.,
permanent structural [ BMPs) control measures) ] for the
facility. These types of BMPs control measures are
typically used to divert, infiltrate, reuse, or otherwise
reduce pollutants in storm water discharges from the site.
Structural [ BMPs control measures ] may require a
separate permit under § 404 of the CWA and the Virginia
Water Protection Permit Program Regulation (9VAC25-
210) before installation begins.
(9) Dust suppression and vehicle tracking of industrial
materials. The permittee shall implement control
measures to minimize the generation of dust and off-site
tracking of raw, final, or waste materials. Storm water
collected on-site may be used for the purposes of dust
suppression or for spraying stockpiles. Potable water
[ and, ] well water [ , and uncontaminated reuse water ]
may also be used for this purpose. There shall be no
direct discharge to surface waters from dust suppression
activities or as a result of spraying stockpiles.
5. Routine facility inspections. Facility personnel who
possess the knowledge and skills to assess conditions and
activities that could impact storm water quality at the
facility and who can also evaluate the effectiveness of
control measures shall regularly inspect all areas of the
facility where industrial materials or activities are exposed
to storm water. These inspections are in addition to, or as
part of, the comprehensive site evaluation required under
Part III E. At least one member of the pollution prevention
team shall participate in the routine facility inspections.
The inspection frequency shall be specified in the plan
based upon a consideration of the level of industrial
activity at the facility, but shall be at a minimum quarterly
unless more frequent intervals are specified elsewhere in
the permit or written approval is received from the
department for less frequent intervals. Inspections shall be
performed during periods when the facility is in operation.
At least once each calendar year, the routine facility
inspection shall be conducted during a period when a storm
water discharge is occurring.
The requirement for routine facility inspections is waived
for facilities that have maintained an active VEEP E3/E4
status. Note: Certain sectors in Part IV have additional
inspection requirements. If the VEEP E3/E4 waiver
language is not included for the sector specific inspections,
these additional inspection requirements may not be
waived.
Any deficiencies in the implementation of the SWPPP that
are found shall be corrected as soon as practicable, but not
later than within 30 days of the inspection, unless
permission for a later date is granted in writing by the
director. The results of the inspections shall be documented
in the SWPPP and shall include at a minimum:
a. The inspection date and time;
b. The name(s) and signature(s) of the inspector(s);
c. Weather information and a description of any
discharges occurring at the time of the inspection;
d. Any previously unidentified discharges of pollutants
from the site;
e. Any control measures needing maintenance or repairs;
f. Any failed control measures that need replacement;
g. Any incidents of noncompliance observed; and
h. Any additional control measures needed to comply
with the permit requirements.
C. Maintenance. All BMPs identified in the SWPPP shall be
maintained in effective operating condition. Storm water
BMPs identified in the SWPPP shall be observed during
active operation (i.e., during a storm water runoff event) to
ensure that they are functioning correctly. Where discharge
locations are inaccessible, nearby downstream locations shall
be observed. The observations shall be documented in the
SWPPP. The SWPPP shall include a description of
procedures and a regular schedule for preventive maintenance
of all [ BMPs control measures ], and shall include a
description of the back-up practices that are in place should a
runoff event occur while a [ BMP control measure ] is off-
line. The effectiveness of nonstructural [ BMPs control
measures ] shall also be maintained by appropriate means
(e.g., spill response supplies available and personnel trained,
etc.).
All control measures [ and structural BMPs ] identified in
the SWPPP shall be maintained in effective operating
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condition and shall be observed at least annually during active
operation (i.e., during a storm water runoff event) to ensure
that they are functioning correctly. Where discharge locations
are inaccessible, nearby downstream locations shall be
observed. The observations shall be documented in the
SWPPP.
If site inspections required by Part III B 6 b (5) 5 (Routine
facility inspections) or Part III E (Comprehensive site
compliance evaluation) identify [ BMPs control measures ]
that are not operating effectively, repairs or maintenance shall
be performed before the next anticipated storm event. If
maintenance prior to the next anticipated storm event is not
possible, maintenance shall be scheduled and accomplished
as soon as practicable. In the interim, back-up measures shall
be employed and documented in the SWPPP until repairs or
maintenance is complete. Documentation shall be kept with
the SWPPP of maintenance and repairs of [ BMPs control
measures ], including the date(s) of regular maintenance,
date(s) of discovery of areas in need of repair or replacement,
and date(s) for repairs, date(s) that the [ BMP(s) control
measure(s) ] returned to full function, and the justification for
any extended maintenance or repair schedules.
D. Allowable nonstorm Nonstorm water discharges.
1. Discharges of certain sources of nonstorm water are
allowable discharges under this permit (see Part I B 1 -
Allowable nonstorm water discharges) provided the
permittee includes the following information in the
SWPPP: (see Part I B, Special Condition No. 1 -
Allowable nonstorm water discharges). All other nonstorm
water discharges are not authorized and shall be either
eliminated or covered under a separate VPDES permit.
a. Identification of each allowable nonstorm water
source, except for flows from fire fighting activities;
b. The location where the nonstorm water is likely to be
discharged; and
c. Descriptions of appropriate BMPs for each source.
2. If mist blown from cooling towers is included as one of
the allowable nonstorm water discharges from the facility,
the permittee shall specifically evaluate the discharge for
the presence of chemicals used in the cooling tower. The
evaluation shall be included in the SWPPP. Annual outfall
evaluation for unauthorized discharges.
a. The SWPPP shall include documentation that
all [ stormwater ] outfalls [ associated with industrial
activity ] have been evaluated annually for the presence
of unauthorized discharges (i.e., discharges other than
stormwater; the authorized nonstormwater discharges
described in Part I B, Special Condition No. 1; or
discharges covered under a separate VPDES permit,
other than this permit). The documentation shall include:
(1) The date of the evaluation;
(2) A description of the evaluation criteria used;
(3) A list of the outfalls or on-site drainage points that
were directly observed during the evaluation;
(4) A description of the results of the evaluation for the
presence of unauthorized discharges; and
(5) The actions taken to eliminate unauthorized
discharges if any were identified (i.e., a floor drain was
sealed, a sink drain was rerouted to sanitary, or an
VPDES permit application was submitted for a cooling
water discharge).
b. The permittee may request in writing to the department
that the facility be allowed to conduct annual outfall
evaluations at 20% of the outfalls. If approved, the
permittee shall evaluate at least 20% of the facility
outfalls each year on a rotating basis such that all facility
outfalls will be evaluated during the period of coverage
under this permit.
E. Comprehensive site compliance evaluation. The permittee
shall conduct comprehensive site compliance evaluations at
least once a each calendar year after coverage under the
permit begins. The evaluations shall be done by qualified
personnel who possess the knowledge and skills to assess
conditions and activities that could impact storm water
quality at the facility, and who can also evaluate the
effectiveness of [ BMPs control measures ]. The personnel
conducting the evaluations may be either facility employees
or outside constituents personnel hired by the facility.
1. Scope of the compliance evaluation. Evaluations shall
include all areas where industrial materials or activities are
exposed to storm water, as identified in Part III B 3. The
personnel shall evaluate:
a. Industrial materials, residue or trash that may have or
could come into contact with storm water;
b. Leaks or spills from industrial equipment, drums,
barrels, tanks or other containers that have occurred
within the past three years;
c. Off-site tracking of industrial or waste materials or
sediment where vehicles enter or exit the site;
d. Tracking or blowing of raw, final, or waste materials
from areas of no exposure to exposed areas;
e. Evidence of, or the potential for, pollutants entering
the drainage system;
f. Evidence of pollutants discharging to surface waters at
all facility outfalls, and the condition of and around the
outfall, including flow dissipation measures to prevent
scouring;
g. Review of storm water related training performed,
inspections completed, maintenance performed, quarterly
visual examinations, and effective operation of [ control
measures, including ] BMPs;
h. Annual A summary of the annual outfall evaluation for
unauthorized discharges required by [ subsection
subdivision ] D 2 of this section.
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(1) The SWPPP shall include documentation that all
outfalls have been evaluated annually for the presence of
unauthorized discharges (i.e., discharges other than:
storm water; the authorized nonstorm water discharges
described in Part I B 1; or discharges covered under a
separate VPDES permit, other than this permit.) The
documentation shall include:
(a) The date of the evaluation;
(b) A description of the evaluation criteria used;
(c) A list of the outfalls or on-site drainage points that
were directly observed during the evaluation;
(d) A description of the results of the evaluation for the
presence of unauthorized discharges; and
(e) The actions taken to eliminate unauthorized
discharges, if any were identified (i.e., a floor drain was
sealed, a sink drain was rerouted to sanitary, or an
VPDES permit application was submitted for a cooling
water discharge.)
(2) The permittee may request in writing to the
department that the facility be allowed to conduct annual
outfall evaluations at 20% of the outfalls. If approved,
the permittee shall evaluate at least 20% of the facility
outfalls each year on a rotating basis such that all facility
outfalls will be evaluated during the period of coverage
under this permit.
i. Results of both visual and any analytical monitoring
done during the past year shall be taken into
consideration during the evaluation.
2. Based on the results of the evaluation, the SWPPP shall
be modified as necessary (e.g., show additional controls on
the map required by Part III B 2 c; revise the description of
controls required by Part III B [ 6 4 ] to include additional
or modified [ BMPs control measures ] designed to correct
problems identified). Revisions to the SWPPP shall be
completed within 30 days following the evaluation, unless
permission for a later date is granted in writing by the
director. If existing [ BMPs control measures ] need to be
modified or if additional [ BMPs control measures ] are
necessary, implementation shall be completed before the
next anticipated storm event, if practicable, but not more
than 60 days after completion of the comprehensive site
evaluation, unless permission for a later date is granted in
writing by the department;
3. Compliance evaluation report. A report shall be written
summarizing the scope of the evaluation, name(s) of
personnel making the evaluation, the date of the
evaluation, and all observations relating to the
implementation of the SWPPP, including elements
stipulated in Part III E 1 (a) through (f) (i) above.
Observations shall include such things as: the location(s) of
discharges of pollutants from the site; location(s) of
previously unidentified sources of pollutants; location(s) of
[ BMPs control measures ] that need to be maintained or
repaired; location(s) of failed [ BMPs control
measures ] that need replacement; and location(s) where
additional [ BMPs control measures ] are needed. The
report shall identify any incidents of noncompliance that
were observed. Where a report does not identify any
incidents of noncompliance, the report shall contain a
certification that the facility is in compliance with the
SWPPP and this permit. The report shall be signed in
accordance with Part II K and maintained with the SWPPP.
4. Where compliance evaluation schedules overlap with
routine inspections required under Part III B 6 b (5) 5 the
annual compliance evaluation may be used as one of the
routine inspections.
F. Signature and plan review.
1. Signature/location Signature and location. The SWPPP,
including revisions to the SWPPP to document any
corrective actions taken as required by Part I A 5 6, shall
be signed in accordance with Part II K, dated, and retained
on-site at the facility covered by this permit in accordance
with Part II B 2. All other changes to the SWPPP, and
other permit compliance documentation, must shall be
signed and dated by the person preparing the change or
documentation. For inactive facilities, the plan may be kept
at the nearest office of the permittee.
2. Availability. The permittee shall make retain a copy of
the current SWPPP, annual site compliance evaluation
report, and other information required by this permit at the
facility, and it shall be immediately available to the
department, EPA, or the operator of an MS4 receiving
discharges from the site at the time of an on-site inspection
or upon request.
3. Required modifications. The permittee shall modify the
SWPPP whenever necessary to address all corrective
actions required by Part I A 6 a (Data exceeding
benchmark concentration values) or Part I A 6 b
(Corrective actions). Changes to the SWPPP shall be made
in accordance with the corrective action deadlines in Part I
A 6 a and Part I A 6 b, and shall be signed and dated in
accordance with Part III F 1.
The director may notify the permittee at any time that the
SWPPP, [ BMPs control measures ], or other components
of the facility's storm water program do not meet one or
more of the requirements of this permit. The notification
shall identify specific provisions of the permit that are not
being met, and may include required modifications to the
storm water program, additional monitoring requirements,
and special reporting requirements. The permittee shall
make any required changes to the SWPPP within 60 days
of receipt of such notification, unless permission for a later
date is granted in writing by the director, and shall submit a
written certification to the director that the requested
changes have been made.
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G. Maintaining an updated SWPPP.
1. The permittee shall review and amend the SWPPP as
appropriate whenever:
a. There is construction or a change in design, operation,
or maintenance at the facility that has a significant effect
on the discharge, or the potential for the discharge, of
pollutants from the facility;
b. Routine inspections or compliance evaluations
determine that there are deficiencies in the [ control
measures, including ] BMPs;
c. Inspections by local, state, or federal officials
determine that modifications to the SWPPP are
necessary;
d. There is a spill, leak or other release at the facility;
e. There is an unauthorized discharge from the facility; or
f. The department notifies the permittee that a TMDL has
been developed and applies to the permitted facility,
consistent with Part I B, [ Special Condition No. 6
special condition 7 ] (Discharges to waters subject to
TMDL waste load allocations).
2. SWPPP modifications shall be made within 30 calendar
days after discovery, observation or event requiring a
SWPPP modification. Implementation of new or modified
[ BMPs control measures ] (distinct from regular
preventive maintenance of existing [ BMPs control
measures ] described in Part III C) shall be initiated before
the next storm event if possible, but no later than 60 days
after discovery, or as otherwise provided or approved by
the director. The amount of time taken to modify a [ BMP
control measure ] or implement additional [ BMPs control
measures ] shall be documented in the SWPPP.
3. If the SWPPP modification is based on a release or
unauthorized discharge, include a description and date of
the release, the circumstances leading to the release,
actions taken in response to the release, and measures to
prevent the recurrence of such releases. Unauthorized
releases and discharges are subject to the reporting
requirements of Part II G of this permit.
Part IV
Sector Specific Permit Requirements
The permittee must only comply with the additional
requirements of Part IV (9VAC25-151-90 et seq.) that apply
to the sector(s) of industrial activity located at the facility.
These sector specific requirements are in addition to the
"basic" requirements specified in Parts I, II and III of this
permit. All numeric effluent limitations and benchmark
monitoring concentration values reflect two significant digits,
unless otherwise noted.
9VAC25-151-90. Sector A - Timber products facilities
(including mulch, wood, and bark facilities and mulch
dyeing facilities).
A. Discharges covered under this section.
1. The requirements listed under this section apply to storm
water discharges associated with industrial activity from
facilities generally classified under Standard Industrial
Classification (SIC) Major Group 24 that are engaged in
the following activities: cutting timber and pulpwood
(those that have log storage or handling areas), mills,
including merchant, lath, shingle, cooperage stock,
planing, plywood and veneer, and producing lumber and
wood materials; wood preserving, manufacturing wood
buildings or mobile homes; and manufacturing finished
articles made entirely of wood or related materials, except
for wood kitchen cabinet manufacturers (SIC Code 2434),
which are addressed under Sector W (9VAC25-151-300).
2. The requirements listed under this section also apply to
storm water discharges associated with industrial activity
from mulch, wood, and bark facilities, including mulch
dyeing operations (SIC Code 24991303).
B. Special conditions.
1. Prohibition of nonstorm water discharges. Discharges of
storm water from areas where there may be contact with
chemical formulations sprayed to provide surface
protection are not authorized by this permit. These
discharges must be covered under a separate VPDES
permit. Discharge of wet dye drippings from mulch dyeing
operations are also prohibited.
2. Authorized nonstorm water discharges. In addition to the
discharges described in Part I B 1, the following nonstorm
water discharges may be authorized by this permit
provided the nonstorm water component of the discharge is
in compliance with 9VAC25-151-90 C and the effluent
limitations described in 9VAC25-151-90 D: discharges
from the spray down of lumber and wood product storage
yards where no chemical additives are used in the spray
down waters and no chemicals are applied to the wood
during storage.
C. Storm water pollution prevention plan requirements. In
addition to the requirements of Part III, the SWPPP shall
include, at a minimum, the following items.
1. Site description.
a. Site map. The site map shall identify where any of the
following may be exposed to precipitation/surface
precipitation or surface runoff: processing areas;
treatment chemical storage areas; treated wood and
residue storage areas; wet decking areas; dry decking
areas; untreated wood and residue storage areas; and
treatment equipment storage areas.
b. Summary of potential pollutant sources. Where
information is available, facilities that have used
chlorophenolic, creosote, or chromium-copper-arsenic
formulations for wood surface protection or wood
preserving activities on-site in the past shall identify in
the inventory the following: areas where contaminated
soils, treatment equipment, and stored materials still
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remain, and the management practices employed to
minimize the contact of these materials with storm water
runoff.
2. Storm water controls. The description of storm water
management controls shall address the following areas of
the site: log, lumber and other wood product storage areas;
residue storage areas; loading and unloading areas;
material handling areas; chemical storage areas; and
equipment/vehicle equipment and vehicle maintenance,
storage and repair areas. Facilities that surface protect
and/or or preserve wood products shall address specific
[ control measures, including any ] BMPs [ , ] for wood
surface protection and preserving activities. Facilities that
dye mulch shall address specific [ BMPs control
measures ] to prevent the discharge of wet dye drippings
and to prevent seepage of pollutants to groundwater.
The SWPPP shall address the following minimum
components:
a. Good housekeeping. Good housekeeping measures in
storage areas, loading and unloading areas, and material
handling areas shall be designed to:
(1) Limit the discharge of wood debris;
(2) Minimize the leachate generated from decaying wood
materials; and
(3) Minimize the generation of dust.
b. Routine facility inspections. Inspections at processing
areas, transport areas, and treated wood storage areas of
facilities performing wood surface protection and
preservation activities shall be performed monthly to
assess the usefulness of practices in minimizing the
deposit of treatment chemicals on unprotected soils and
in areas that will come in contact with storm water
discharges. The requirement for routine facility
inspections is waived for facilities that have maintained
an active VEEP E3/E4 status.
D. Numeric effluent limitations.
[ 1. ] In addition to the numeric effluent limitations
described in Part I A 1 c, the following limitations shall be
met by existing and new facilities.
Wet deck storage area runoff. Nonstorm water discharges
from areas used for the storage of logs where water,
without chemical additives, is intentionally sprayed or
deposited on logs to deter decay or infestation by insects
are required to meet the following effluent limitations: pH
shall be within the range of 6.0-9.0, and there will be no
discharge of debris. Chemicals are not allowed to be
applied to the stored logs. The term "debris" is defined as
woody material such as bark, twigs, branches, heartwood
or sapwood that will not pass through a 2.54 cm (1 in.)
diameter round opening and is present in the discharge
from a wet deck storage area. Permittees subject to these
numeric limitations shall be in compliance with these
limitations through the duration of permit coverage.
Table 90-1.
Sector A - Numeric Effluent Limitations.
Parameter Effluent Limitations
Wet Decking Discharges at Log Storage and Handling
Areas (SIC 2411)
pH 6.0 - 9.0 s.u.
Debris (woody material
such as bark, twigs,
branches, heartwood, or
sapwood)
No discharge of debris that
will not pass through a 2.54
cm (1") diameter round
opening.
[ 2. Compliance monitoring requirements. In addition to
the parameters listed above, the permittee shall provide an
estimate of the total volume (in gallons) of the discharge
sampled. ]
E. Benchmark monitoring and reporting requirements.
Timber product facilities; mulch, wood, and bark facilities;
and mulch dyeing facilities are required to monitor their
storm water discharges for the pollutants of concern listed in
the appropriate section of Table 90-2.
Table 90-2.
Sector A - Benchmark Monitoring Requirements.
Pollutants of Concern Benchmark
Concentration
General Sawmills and Planing Mills (SIC 2421)
Total Suspended Solids (TSS) 100 mg/L
Wood Preserving Facilities (SIC 2491)
Total Recoverable Arsenic1 50 μg/L
Total Recoverable Chromium1 16 μg/L
Total Recoverable Copper1 18 μg/L
Log Storage and Handling Facilities (SIC 2411)
Total Suspended Solids (TSS) 100 mg/L
Hardwood Dimension and Flooring Mills; Special Products
Sawmills, not elsewhere classified; Millwork, Veneer,
Plywood and Structural Wood; Wood Containers; Wood
Buildings and Mobile Homes; Reconstituted Wood
Products; and Wood Products Facilities not elsewhere
classified (SIC Codes 2426, 2429, 2431-2439 (except
2434), 2441, 2448, 2449, 2451, 2452, 2493, and 2499).
Total Suspended Solids (TSS) 100 mg/L
Mulch, Wood, and Bark Facilities (SIC Code 24991303)
Total Suspended Solids (TSS) 100 mg/L
Biochemical Oxygen Demand
(BOD5)
30 mg/L
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Facilities with Mulch Dyeing/Coloring Operations (SIC
Code 24991303): Monitor ONLY those outfalls from the
facility that collect runoff from areas where mulch
dyeing/coloring activities occur, including but not limited to
areas where loading, transporting, and storage of
dyed/colored mulch occurs.2
Total Suspended Solids (TSS) 100 mg/L
Biochemical Oxygen Demand
(BOD5)
30 mg/L
Chemical Oxygen Demand
(COD)
120 mg/L
Total Recoverable Aluminum 750 [ mg/L
μg/L ]
Total Recoverable Arsenic 150 [ mg/L
μg/L ]
Total Recoverable Cadmium 2.1 [ mg/L μg/L ]
Total Recoverable Chromium 16 [ mg/L μg/L ]
Total Recoverable Copper 18 [ mg/L μg/L ]
Total Recoverable Iron 1.0 mg/L
Total Recoverable Lead 120 [ mg/L
μg/L ]
Total Recoverable Manganese 64 [ mg/L μg/L ]
Total Recoverable Mercury 1.4 [ mg/L μg/L ]
Total Recoverable Nickel 470 [ mg/L
μg/L ]
Total Recoverable Selenium 5.0 [ mg/L μg/L ]
Total Recoverable Silver 3.8 [ mg/L μg/L ]
Total Recoverable Zinc 120 [ mg/L
μg/L ]
Total Nitrogen 2.2 mg/L
Total Phosphorus 2.0 mg/L
1Monitoring for metals (arsenic, chromium and copper) is
not required for wood preserving facilities using only oil-
based preservatives.
2Benchmark monitoring waivers are available to facilities
utilizing mulch dye or colorant products that do not contain
the specified parameters provided that: (i) monitoring from
samples collected during one monitoring period
demonstrates that [ all parameters are nondetectable the
specific parameter in question is below the quantitation
level ]; (ii) a waiver request is submitted to and approved by
the board [ (The laboratory certificate of analysis must be
submitted with the request. If approved, documentation of
this shall be kept with the SWPPP.) ]; and (iii) a
certification statement is submitted to the department
annually that the facility does not use mulch dyeing
products that contain any of the [ specified specifically
waived ] parameters.
9VAC25-151-110. Sector C - Chemical and allied products
manufacturing.
A. Discharges covered under this section. The requirements
listed under this section apply to storm water discharges
associated with industrial activity from facilities engaged in
manufacturing the following products and generally described
by the SIC code shown:
1. Basic industrial inorganic chemicals (including SIC
Code 281);
2. Plastic materials and synthetic resins, synthetic rubbers,
and cellulosic and other humanmade fibers, except glass
(including SIC Code 282);
3. Medicinal chemicals and pharmaceutical products,
including the grading, grinding and milling of botanicals
(including SIC Code 283).
4. Soap and other detergents, including facilities producing
glycerin from vegetable and animal fats and oils; specialty
cleaning, polishing, and sanitation preparations; surface
active preparations used as emulsifiers, wetting agents, and
finishing agents, including sulfonated oils; and perfumes,
cosmetics, and other toilet preparations (including SIC
Code 284);
5. Paints (in paste and ready-mixed form); varnishes;
lacquers; enamels and shellac; putties, wood fillers, and
sealers; paint and varnish removers; paint brush cleaners;
and allied paint products (including SIC Code 285);
6. Industrial organic chemicals (including SIC Code 286);
7. Nitrogenous and phosphatic basic fertilizers, mixed
fertilizer, pesticides, and other agricultural chemicals
(including SIC Code 287). Note: SIC Code 287 includes
Composting Facilities (SIC Code 2875);
8. Industrial and household adhesives, glues, caulking
compounds, sealants, and linoleum, tile, and rubber
cements from vegetable, animal, or synthetic plastics
materials; explosives; printing ink, including gravure ink,
screen process and lithographic inks; miscellaneous
chemical preparations, such as fatty acids, essential oils,
gelatin (except vegetable), sizes, bluing, laundry sours, and
writing and stamp pad ink; industrial compounds, such as
boiler and heat insulating compounds; and chemical
supplies for foundries (including SIC Code 289); and
9. Ink and paints, including china painting enamels, India
ink, drawing ink, platinum paints for burnt wood or leather
work, paints for china painting, artists' paints and artists'
water colors (SIC Code 3952, limited to those listed; for
others in SIC Code 3952 not listed above, see Sector Y
(9VAC25-151-320)).
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B. Special conditions. Prohibition of nonstorm water
discharges. In addition to the general prohibition of nonstorm
water discharges in Part I B 1, the following discharges are
not covered by this permit: inks, paints, or substances
(hazardous, nonhazardous, etc.) resulting from an on-site
spill, including materials collected in drip pans; washwaters
from material handling and processing areas; or washwaters
from drum, tank, or container rinsing and cleaning.
C. Storm water pollution prevention plan requirements. In
addition to the requirements of Part III, the plan shall include,
at a minimum, the following items.
1. Site description.
a. Site map. The site map shall identify where any of the
following may be exposed to precipitation/surface runoff:
processing and storage areas; access roads, rail cars and
tracks; areas where substances are transferred in bulk;
and operating machinery.
b. Summary of potential pollutant sources. A description
of the following sources and activities that have potential
pollutants associated with them: loading, unloading and
transfer of chemicals; outdoor storage of salt, pallets,
coal, drums, containers, fuels, fueling stations; vehicle
and equipment maintenance/cleaning areas; areas where
the treatment, storage or disposal (on-site or off-site) of
waste/wastewater occur; storage tanks and other
containers; processing and storage areas; access roads,
rail cars and tracks; areas where the transfer of
substances in bulk occurs; and areas where machinery
operates.
2. Storm water controls. Good housekeeping. The SWPPP
shall include:
a. A schedule for regular pickup and disposal of garbage
and waste materials, or a description of other appropriate
measures used to reduce the potential for the discharge of
storm water that has come into contact with garbage or
waste materials;
b. Routine inspections of the condition of drums, tanks
and containers for potential leaks.
D. C. Numeric effluent limitations. In addition to the
numeric effluent limitations described in Part I A 1 c, the
following effluent limitations shall be met by existing and
new discharges with phosphate fertilizer manufacturing
runoff. The provisions of this paragraph are applicable to
storm water discharges from the phosphate subcategory of the
fertilizer manufacturing point source category (40 CFR
418.10 (2006))). The term contaminated storm water runoff
shall mean precipitation runoff, that during manufacturing or
processing, comes into contact with any raw materials,
intermediate product, finished product, by-products or waste
product. The concentration of pollutants in storm water
discharges shall not exceed the effluent limitations in Table
110-1.
Table 110-1.
Sector C – Numeric Effluent Limitations.
Parameter
Effluent Limitations
Daily Maximum 30-day
Average
Phosphate Subcategory of the Fertilizer Manufacturing
Point Source Category (40 CFR 418.10 (2006))) - applies to
precipitation runoff that, during manufacturing or
processing, comes into contact with any raw materials,
intermediate product, finished product, by-products or
waste product (SIC 2874)
Total Phosphorus
(as P)
105 mg/L 35 mg/L
Fluoride 75 mg/L 25 mg/L
E. D. Benchmark monitoring and reporting requirements.
Agricultural chemical manufacturing facilities; industrial
inorganic chemical facilities; soaps, detergents, cosmetics,
and perfume manufacturing facilities; and plastics, synthetics,
and resin manufacturing facilities are required to monitor
their storm water discharges for the pollutants of concern
listed in Table 110-2 below.
Table 110-2.
Sector C – Benchmark Monitoring Requirements.
Pollutants of Concern Benchmark
Concentration
Agricultural Chemicals (SIC 2873-2879)
Total Nitrogen 2.2 mg/L
Total Recoverable Iron 1.0 mg/L
Total Recoverable Zinc 120 μg/L
Total Phosphorus 2.0 mg/L
Industrial Inorganic Chemicals (SIC 2812-2819)
Total Recoverable Aluminum 750 μg/L
Total Recoverable Iron 1.0 mg/L
Total Nitrogen 2.2 mg/L
Soaps, Detergents, Cosmetics, and Perfumes (SIC 2841-
2844)
Total Nitrogen 2.2 mg/L
Total Recoverable Zinc 120 μg/L
Plastics, Synthetics, and Resins (SIC 2821-2824)
Total Recoverable Zinc 120 μg/L
Composting Facilities (SIC 2875)
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Total Suspended Solids (TSS) 100 mg/L
Biochemical Oxygen Demand
(BOD5)
30 mg/L
Chemical Oxygen Demand (COD) 120 mg/L
Ammonia 2.14 mg/L
Total Nitrogen 2.2 mg/L
Total Phosphorus 2.0 mg/L
9VAC25-151-120. Sector D - Asphalt paving and roofing
materials and lubricant manufacturers.
A. Discharges covered under this section. The requirements
listed under this section apply to storm water discharges
associated with industrial activity from facilities engaged in
the following activities: manufacturing asphalt paving and
roofing materials, including those facilities commonly
identified by SIC Codes 2951 and 2952; portable asphalt
plants (also commonly identified by SIC Code 2951); and
manufacturing miscellaneous products of petroleum and coal,
including those facilities classified as SIC Code 2992 and
2999.
B. Limitations on coverage. The following storm water
discharges associated with industrial activity are not
authorized by this section of the permit:
1. Storm water discharges from petroleum refining
facilities, including those that manufacture asphalt or
asphalt products, that are classified as SIC Code 2911
subject to effluent limitation guidelines for the Petroleum
Refining Point Source Category (40 CFR 419);
2. Storm water discharges from oil recycling facilities; and
3. Storm water discharges associated with fats and oils
rendering.
C. Storm water pollution prevention plan requirements. In
addition to the requirements of Part III, the plan shall include,
at a minimum, the following item: routine facility inspections.
Material storage and handling areas, liquid storage tanks,
hoppers or silos, vehicle and equipment maintenance,
cleaning, and fueling areas, material handling vehicles,
equipment and processing areas shall be inspected at least
once per month, as part of the maintenance program. The
permittee shall ensure that appropriate action is taken in
response to the inspection by implementing tracking or
follow-up procedures.
D. C. Numeric effluent limitations. In addition to the
numeric effluent limitations listed in Part I A c, discharges
from areas where production of asphalt paving and roofing
emulsions occurs may not exceed the limitations in Table
120-1.
Table 120-1.
Sector D – Numeric Effluent Limitations.
Parameter
Effluent Limitations
Daily
Maximum
30-day
Average
Discharges from areas where production of asphalt paving
and roofing emulsions occurs (SIC 2951, 2952)
Total Suspended
Solids (TSS)
23 mg/L 15 mg/L
Oil and Grease 15 mg/L 10 mg/L
pH 6.0 - 9.0 s.u.
E. D. Benchmark monitoring and reporting requirements.
Asphalt paving and roofing materials manufacturing facilities
are required to monitor their storm water discharges for the
pollutants of concern listed in Table 120-2.
Table 120-2.
Sector D – Benchmark Monitoring Requirements.
Pollutants of Concern Benchmark Concentration
Asphalt Paving and Roofing Materials (SIC 2951, 2952)
Total Suspended Solids
(TSS)
100 mg/L
9VAC25-151-130. Sector E - Glass, clay, cement, concrete,
and gypsum products.
A. Discharges covered under this section. The requirements
listed under this section apply to storm water discharges
associated with industrial activity from facilities generally
classified under SIC Major Group 32 that are engaged in
either manufacturing the following products or performing
the following activities: flat, pressed, or blown glass or glass
containers; hydraulic cement; clay products including tile and
brick; pottery and porcelain electrical supplies; gypsum
products; nonclay refractories; minerals and earths, ground or
otherwise treated; lime manufacturing; cut stone and stone
products; asbestos products; and mineral wool and mineral
wool insulation products.
Concrete block and brick facilities (SIC Code 3271),
concrete products facilities, except block and brick (SIC Code
3272), and ready-mixed concrete facilities (SIC Code 3273)
are not covered by this permit.
B. Storm water pollution prevention plan requirements. In
addition to the requirements of Part III, the plan shall include,
at a minimum, the following items:
1. Site description and site map. The site map shall identify
the locations of the following, if applicable: bag house or
other dust control device; recycle/sedimentation recycle or
sedimentation pond, clarifier or other device used for the
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treatment of process wastewater and the areas that drain to
the treatment device.
2. Storm water controls. a. Good housekeeping.
(1) a. Facilities shall prevent or minimize the discharge of:
spilled cement; aggregate (including sand or gravel); kiln
dust; fly ash; settled dust; and other significant materials in
storm water from paved portions of the site that are
exposed to storm water. Measures used to minimize the
presence of these materials may include regular sweeping,
or other equivalent measures. The plan shall indicate the
frequency of sweeping or equivalent measures. The
frequency shall be determined based upon consideration of
the amount of industrial activity occurring in the area and
frequency of precipitation, but shall not be less than once
per week if cement, aggregate, kiln dust; fly ash, or settled
dust are being handled or processed.
(2) b. Facilities shall prevent the exposure of fine granular
solids (such as cement, fly ash, kiln dust, etc.) to storm
water. Where practicable, these materials shall be stored in
enclosed silos or hoppers, buildings, or under other
covering.
b. Routine facility inspections. The inspection shall take
place while the facility is in operation and shall include
all of the following areas that are exposed to storm water:
material handling areas, aboveground storage tanks,
hoppers or silos, dust collection/containment systems,
truck wash down/equipment cleaning areas.
c. Certification of outfall evaluation for unauthorized
discharges. Facilities engaged in production of ready-mix
concrete, concrete block, brick or similar products shall
include in the certification a description of measures that
ensure that process wastewater that results from washing
of trucks, mixers, transport buckets, forms or other
equipment are discharged in accordance with a separate
VPDES permit or are recycled.
C. Numeric effluent limitations. In addition to the numeric
effluent limitations described by Part I A 1 c, the following
limitations shall be met by existing and new facilities: cement
manufacturing facility, material storage runoff. Any discharge
composed of runoff that derives from the storage of materials
including raw materials, intermediate products, finished
products, and waste materials that are used in or derived from
the manufacture of cement shall not exceed the limitations in
Table 130-1. Runoff from the storage piles shall not be
diluted with other storm water runoff or flows to meet these
limitations. Any untreated overflow from facilities designed,
constructed and operated to treat the volume of material
storage pile runoff that is associated with a 10-year, 24-hour
rainfall event shall not be subject to the TSS or pH
limitations. Facilities subject to these numeric effluent
limitations shall be in compliance with these limits upon
commencement of coverage and for the entire term of this
permit.
Table 130-1.
Sector E – Numeric Effluent Limitations.
Parameter
Effluent Limitations
Daily
Maximum
30-day
Average
Cement Manufacturing Facility, Material Storage Runoff:
Any discharge composed of runoff that derives from the
storage of materials including raw materials, intermediate
products, finished products, and waste materials that are
used in or derived from the manufacture of cement.
Total Suspended
Solids (TSS)
50 mg/L
pH 6.0 - 9.0 s.u.
D. Benchmark monitoring and reporting requirements. Clay
product manufacturers (SIC 3251-3259, SIC 3261-3269) and
lime and gypsum product manufacturers (SIC 3274, 3275) are
required to monitor their storm water discharges for the
pollutants of concern listed in Table 130-2.
Table 130-2.
Sector E – Benchmark Monitoring Requirements.
Pollutants of Concern Benchmark Concentration
Clay Product Manufacturers (SIC 3251-3259, 3261-3269)
Total Recoverable
Aluminum
750 ug/L
Lime and Gypsum Product Manufacturers (SIC 3274, 3275)
Total Suspended Solids
(TSS)
100 mg/L
pH 6.0 - 9.0 s.u.
Total Recoverable Iron 1.0 mg/L
9VAC25-151-140. Sector F - Primary metals.
A. Discharges covered under this section. The requirements
listed under this section apply to storm water discharges
associated with industrial activity from the following types of
facilities in the primary metal industry, and generally
described by the SIC code shown:
1. Steel works, blast furnaces, and rolling and finishing
mills, including: steel wire drawing and steel nails and
spikes; cold-rolled steel sheet, strip, and bars; and steel
pipes and tubes (SIC Code 331).
2. Iron and steel foundries, including: gray and ductile iron,
malleable iron, steel investment, and steel foundries not
elsewhere classified (SIC Code 332).
3. Primary smelting and refining of nonferrous metals,
including: primary smelting and refining of copper, and
primary production of aluminum (SIC Code 333).
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4. Secondary smelting and refining of nonferrous metals
(SIC Code 334).
5. Rolling, drawing, and extruding of nonferrous metals,
including: rolling, drawing, and extruding of copper;
rolling, drawing and extruding of nonferrous metals except
copper and aluminum; and drawing and insulating of
nonferrous wire (SIC Code 335).
6. Nonferrous foundries (castings), including: aluminum
die-castings, nonferrous die-castings, except aluminum,
aluminum foundries, copper foundries, and nonferrous
foundries, except copper and aluminum (SIC Code 336).
7. Miscellaneous primary metal products, not elsewhere
classified, including: metal heat treating, and primary
metal products, not elsewhere classified (SIC Code 339).
Activities covered include, but are not limited to, storm
water discharges associated with coking operations, sintering
plants, blast furnaces, smelting operations, rolling mills,
casting operations, heat treating, extruding, drawing, or
forging of all types of ferrous and nonferrous metals, scrap,
and ore.
B. Storm water pollution prevention plan requirements. In
addition to the requirements of Part III, the plan shall include,
at a minimum, the following items.
1. Site description.
a. Site map. The site map shall identify where any of the
following activities may be exposed to
precipitation/surface precipitation or surface runoff:
storage or disposal of wastes such as spent solvents/baths
solvents and baths, sand, slag/dross slag and dross; liquid
storage tanks/drums tanks and drums; processing areas
including pollution control equipment (e.g., baghouses);
and storage areas of raw materials such as coal, coke,
scrap, sand, fluxes, refractories, or metal in any form. In
addition, indicate sources where an accumulation of
significant amounts of particulate matter could occur
from such sources as furnace or oven emissions, losses
from coal/coke coal and coke handling operations, etc.,
and that could result in a discharge of pollutants to
surface waters.
b. Summary of potential pollutant sources. The inventory
of materials handled at the site that potentially may be
exposed to precipitation/runoff precipitation or runoff
shall include areas where deposition of particulate matter
from process air emissions or losses during material
handling activities are possible.
2. Storm water controls.
a. Good housekeeping. The [ SWPPP permittee ] shall
[ consider implementation of implement ] the following
measures, or equivalent measures, where applicable.
(1) Establishment of a cleaning/maintenance cleaning
and maintenance program for all impervious areas of the
facility where particulate matter, dust, or debris may
accumulate, especially areas where material
loading/unloading loading and unloading, storage,
handling, and processing occur.
(2) The paving of areas, where practicable, where vehicle
traffic or material storage occur, but where vegetative or
other stabilization methods are not practicable. Sweeping
programs shall be instituted in these areas as well.
(3) For unstabilized areas of the facility where sweeping
is not practical, the permittee shall consider using storm
water management devices such as sediment traps,
vegetative buffer strips, filter fabric fence, sediment
filtering boom, gravel outlet protection, or other
equivalent measures, that effectively trap or remove
sediment.
b. Routine facility inspections. Inspections shall be
conducted monthly, and quarterly. The requirement for
routine facility inspections is waived for facilities that
have maintained an active VEEP E3/E4 status.
Inspections shall address all potential sources of
pollutants, including (if applicable):
(1) Air pollution control equipment (e.g., baghouses,
electrostatic precipitators, scrubbers, and cyclones) shall
be inspected for any signs of degradation (e.g., leaks,
corrosion, or improper operation) that could limit their
efficiency and lead to excessive emissions. The permittee
shall consider monitoring air flow at inlets/outlets inlets
and outlets, or equivalent measures, to check for leaks
(e.g., particulate deposition) or blockage in ducts;
(2) All process or material handling equipment (e.g.,
conveyors, cranes, and vehicles) shall be inspected for
leaks, drips, or the potential loss of materials; and
(3) Material storage areas (e.g., piles, bins or hoppers for
storing coke, coal, scrap, or slag, as well as chemicals
stored in tanks/drums) tanks and drums) shall be
examined for signs of material losses due to wind or
storm water runoff.
C. Benchmark monitoring and reporting requirements.
Primary metals facilities are required to monitor their storm
water discharges for the pollutants of concern listed in Table
140 below.
Table 140.
Sector F – Benchmark Monitoring Requirements.
Pollutants of Concern Benchmark
Concentration
Steel Works, Blast Furnaces, and Rolling and Finishing
Mills (SIC 3312-3317)
Total Recoverable
Aluminum
750 μg/L
Total Recoverable Zinc 120 μg/L
Iron and Steel Foundries (SIC 3321-3325)
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Total Recoverable
Aluminum
750 μg/L
Total Suspended Solids
(TSS)
100 mg/L
Total Recoverable
Copper
18 μg/L
Total Recoverable Iron 1.0 mg/L
Total Recoverable Zinc 120 μg/L
Rolling, Drawing, and Extruding of Nonferrous Metals
(SIC 3351-3357)
Total Recoverable
Copper
18 μg/L
Total Recoverable Zinc 120 μg/L
Nonferrous Foundries (SIC 3363-3369)
Total Recoverable
Copper
18 μg/L
Total Recoverable Zinc 120 μg/L
9VAC25-151-150. Sector G - Metal mining (ore mining
and dressing).
A. Discharges covered under this section. The requirements
listed under this section apply to storm water discharges
associated with industrial activity from active, temporarily
inactive and inactive metal mining and ore dressing facilities
including mines abandoned on federal lands, as classified
under SIC Major Group 10. Coverage is required for facilities
that discharge storm water that has come into contact with, or
is contaminated by, any overburden, raw material,
intermediate product, finished product, byproduct, or waste
product located on the site of the operation. SIC Major Group
10 includes establishments primarily engaged in mining of
ores, developing mines, or exploring for metallic minerals
(ores) and also includes ore dressing and beneficiating
operations, whether performed at colocated, dedicated mills
or at separate mills, such as custom mills. For the purposes of
this section, the term "metal mining" includes any of the
separate activities listed above. Covered discharges include:
1. All storm water discharges from inactive facilities;
2. Storm water discharges from the following areas of
active and temporarily inactive metal mining facilities:
waste rock/overburden rock and overburden piles if
composed entirely of storm water and not combining with
mine drainage; topsoil piles; off-site haul/access haul and
access roads; on-site haul/access haul and access roads
constructed of waste rock/overburden rock and overburden
if composed entirely of storm water and not combining
with mine drainage; on-site haul/access haul and access
roads not constructed of waste rock/overburden/spent rock,
overburden, or spent ore except if mine drainage is used
for dust control; runoff from tailings dams/dikes dams and
dikes when not constructed of waste rock/tailings rock or
tailings and no process fluids are present; runoff from
tailings dams/dikes dams or dikes when constructed of
waste rock/tailings rock or tailings and no process fluids
are present if composed entirely of storm water and not
combining with mine drainage; concentration building if
no contact with material piles; mill site if no contact with
material piles; office/administrative office or
administrative building and housing if mixed with storm
water from industrial area; chemical storage area; docking
facility if no excessive contact with waste product that
would otherwise constitute mine drainage; explosive
storage; fuel storage; vehicle/equipment vehicle and
equipment maintenance area/building area and building;
parking areas (if necessary); power plant; truck wash areas
if no excessive contact with waste product that would
otherwise constitute mine drainage; unreclaimed, disturbed
areas outside of active mining area; reclaimed areas
released from reclamation bonds prior to December 17,
1990; and partially/inadequately partially or inadequately
reclaimed areas or areas not released from reclamation
bonds;
3. Storm water discharges from exploration and
development of metal mining and/or and ore dressing
facilities; and
4. Storm water discharges from facilities at mining sites
undergoing reclamation.
B. Limitations on coverage. Storm water discharges from
active metal mining facilities that are subject to the effluent
limitation guidelines for the Ore Mining and Dressing Point
Source Category (40 CFR Part 440 (2007))) are not
authorized by this permit.
Note: Discharges that come in contact with
overburden/waste overburden and waste rock are subject to
40 CFR Part 440 (2007), providing: the discharges drain to a
point source (either naturally or as a result of intentional
diversion), and they combine with mine drainage that is
otherwise regulated under 40 CFR Part 440 (2007).
Discharges from overburden/waste overburden and waste
rock can be covered under this permit if they are composed
entirely of storm water and do not combine with sources of
mine drainage that are subject to 40 CFR Part 440 (2007).
C. Special Conditions. Prohibition of nonstorm water
discharges. In addition to the general prohibition of nonstorm
water discharges in Part I B 1, the following discharges are
discharge is not covered by this permit: adit drainage or
contaminated springs or seeps. Contaminated seeps and
springs discharging from waste rock dumps that do not
directly result from precipitation events are also not
authorized by this permit.
D. Special definitions. The following definitions are not
intended to supersede the definitions of active and inactive
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mining facilities established by 40 CFR 122.26(b)(14)(iii),
and are only for this section of the general permit:
"Active metal mining facility" means a place where work or
other related activity to the extraction, removal, or recovery
of metal ore is being conducted. For surface mines, this
definition does not include any land where grading has
returned the earth to a desired contour and reclamation has
begun.
"Active phase" means activities including each step from the
extraction through production of a salable product, removal,
or recovery of metal ore. For surface mines, this definition
does not include any land where grading has returned the
earth to a desired contour and reclamation has begun.
"Construction phase" means the building of site access roads
and removal of overburden and waste rock to expose
mineable minerals. The construction phase is not considered
part of "mining operations."
"Exploration and development phase" entails exploration
and land disturbance activities to determine the financial
viability of a site. Development includes the building of site
access roads and removal of overburden and waste rock to
expose mineable minerals. The exploration phase is not
considered part of "mining operations."
"Final stabilization" - a site or portion of a site is "finally
stabilized" when: all applicable federal and state reclamation
requirements have been implemented.
1. All soil-disturbing activities at the site have been
completed and either of the two following criteria are met:
a. A uniform (e.g., evenly distributed, without large bare
areas) perennial vegetative cover with a density of 70%
of the native background vegetative cover for the area
has been established on all unpaved areas and areas not
covered by permanent structures, or
b. Equivalent permanent stabilization measures (such as
the use of riprap, gabions, or geotextiles) have been
employed.
2. When background native vegetation will cover less than
100% of the ground (e.g., arid areas, beaches), the 70%
coverage criteria is adjusted as follows: if the native
vegetation covers 50% of the ground, 70% of 50% (0.70 x
0.50 = 0.35) would require 35% total cover for final
stabilization. On a beach with no natural vegetation, no
stabilization is required.
"Inactive metal mining facility" means a site or portion of a
site where metal mining and/or or milling occurred in the past
but is not an active facility as defined in this permit, and
where the inactive portion is not covered by an active mining
permit issued by the applicable federal or state governmental
agency. An inactive metal mining facility has an identifiable
owner or operator. Sites where mining claims are being
maintained prior to disturbances associated with the
extraction, beneficiation, or processing of mined materials
and sites where minimal activities are undertaken for the sole
purpose of maintaining a mining claim are not considered
either active or inactive mining facilities and do not require a
VPDES industrial stormwater permit.
"Mining operation" typically consists of three the active and
temporarily inactive phases, any one of which individually
qualifies as a "mining activity." The phases are the
exploration and development phase, the active phase, and the
reclamation phase and the reclamation phase, but excludes the
exploration and construction phases.
"Reclamation phase" means activities undertaken, in
compliance with applicable mined land reclamation
requirements, following the cessation of the "active phase,"
intended to return the land to its premining use. an
appropriate post-mining land use in order to meet applicable
federal and state reclamation requirements. The reclamation
phase is considered part of "mining operations."
"Temporarily inactive metal mining facility" means a site or
portion of a site where metal mining and/or or milling
occurred in the past but currently are not being actively
undertaken, and the facility is covered by an active mining
permit issued by the applicable federal or state government
agency.
E. Clearing, grading, and excavation activities. Clearing,
grading, and excavation activities being conducted as part of
the exploration and development construction phase of a
mining operation activities are covered under this permit.
1. Management practices for clearing, grading, and
excavation activities.
a. Selecting and installing control measures. A
combination of erosion and sedimentation control
measures are required to achieve maximum pollutant
prevention and removal. All control measures shall be
properly selected, installed, and maintained in
accordance with any relevant manufacturer specifications
and good engineering practices.
b. Removal of sediment. If sediment escapes the site, off-
site accumulations of sediment shall be removed at a
frequency sufficient to prevent off-site impacts.
c. b. Good housekeeping. Litter, debris, and chemicals
shall be prevented from becoming a pollutant source in
storm water discharges.
d. Velocity dissipation. Velocity dissipation devices shall
be placed at discharge locations and along the length of
any outfall channel to provide a nonerosive flow velocity
from disturbed areas and from any storm water retention
or detention facilities to a water course so that the natural
physical and biological characteristics and functions are
maintained and protected (e.g., no significant changes in
the hydrological regime of the receiving water).
e. c. Retention and detention of storm water runoff. For
drainage locations serving more than one acre, sediment
basins and/or or temporary sediment traps should be
used. At a minimum, silt fences, vegetative buffer strips,
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or equivalent sediment controls are required for all down
slope boundaries (and for those side slope boundaries
deemed appropriate as dictated by individual site
conditions) of the development area unless a sediment
basin providing storage for a calculated volume of runoff
from a two-year, 24-hour storm or 3,600 cubic feet of
storage per acre drained is provided. Sediment shall be
removed from sediment traps or sedimentation ponds
when the design capacity has been reduced by 50%.
f. d. Temporary stabilization of disturbed areas.
Stabilization measures shall be initiated immediately in
portions of the site where development activities have
temporarily or permanently ceased, but in no case more
than 14 days after the construction activity clearing,
grading, and excavation activities in that portion of the
site has have temporarily or permanently ceased. In arid,
semi-arid, and drought-stricken areas, or in areas subject
to snow or freezing conditions, where initiating perennial
vegetative stabilization measures is not possible within
14 days after mining, exploration, or construction activity
has temporarily or permanently ceased, final temporary
vegetative stabilization measures shall be initiated as
soon as possible practicable. Until full temporary
vegetative stabilization is achieved, interim measures
such as erosion control blankets with an appropriate seed
base and tackifiers shall be employed. In areas of the site
where exploration or construction has permanently
ceased prior to active mining, temporary stabilization
measures shall be implemented to minimize mobilization
of sediment or other pollutants until such time as the
active mining phase commences.
2. Requirements for inspection of clearing, grading, and
excavation activities.
a. Inspection frequency. Inspections shall be conducted at
least once every seven calendar days or at least once
every 14 calendar days and within 24 hours of the end of
a storm event of 0.5 inches or greater. Inspection
frequency may be reduced to at least once every month if
the entire site is temporarily stabilized, if runoff is
unlikely due to winter conditions (e.g., site is covered
with snow, ice, or the ground is frozen) snow or ice) or
frozen conditions, or construction is occurring during
seasonal arid dry periods in arid areas and semi-arid
areas.
b. Qualified personnel for inspections. Inspections shall
be conducted by qualified personnel. "Qualified
personnel" means a person knowledgeable in the
principles and practice of erosion and sediment control
who possesses the skills to assess conditions at the
construction site that could impact storm water quality
and the effectiveness of any sediment and erosion control
measures selected to control the quality of storm water
discharges from the clearing, grading, and excavation
activities.
c. b. Location of inspections. Inspections shall include all
areas of the site disturbed by clearing, grading, and
excavation activities and areas used for storage of
materials that are exposed to precipitation. Sedimentation
and erosion control measures identified in the SWPPP
shall be observed to ensure proper operation. Discharge
locations shall be inspected to ascertain whether erosion
control measures are effective in preventing significant
impacts to state surface waters, where accessible. Where
discharge locations are inaccessible, nearby downstream
locations shall be inspected to the extent that such
inspections are practicable. Locations where vehicles
enter or exit the site shall be inspected for evidence of
off-site sediment tracking.
d. c. Inspection reports. For each inspection required
above, an inspection report shall be completed. At a
minimum, the inspection report shall include:
(1) The inspection date;
(2) Names, titles, and qualifications of personnel making
the inspection;
(3) Weather information for the period since the last
inspection (or note if it is the first inspection) including a
best estimate of the beginning of each storm event,
duration of each storm event, approximate amount of
rainfall for each storm event (in inches), and whether any
discharges occurred;
(4) Weather information and a description of any
discharges occurring at the time of the inspection;
(5) Location(s) of discharges of sediment or other
pollutants from the site;
(6) Location(s) of [ BMPs control measures ] that need to
be maintained;
(7) Location(s) of [ BMPs control measures ] that failed
to operate as designed or proved inadequate for a
particular location;
(8) Location(s) where additional [ BMPs control
measures ] are needed that did not exist at the time of
inspection; and
(9) Corrective action(s) required, including any changes
to the SWPPP necessary and implementation dates.
A record of each inspection and of any actions taken in
accordance with this section shall be retained as part of
the SWPPP for at least three years from the date that
permit coverage expires or is terminated. The inspection
reports shall identify any incidents of noncompliance
with the permit conditions. Where a report does not
identify any incidents of noncompliance, the report shall
contain a certification that the clearing, grading, and
excavation activities are in compliance with the SWPPP
and this permit. The report shall be signed in accordance
with Part II K of the permit.
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3. Maintenance of controls for clearing, grading, and
excavation activities.
a. Maintenance of BMPs. All erosion and sediment
control measures and other protective measures identified
in the SWPPP shall be maintained in effective operating
condition. If site inspections required by subdivision 2 of
this subsection identify BMPs that are not operating
effectively, maintenance shall be performed as soon as
possible and before the next storm event whenever
practicable to maintain the continued effectiveness of
storm water controls.
b. Modification of BMPs. Existing BMPs need to be
modified or, if additional BMPs are necessary for any
reason, implementation shall be completed before the
next storm event whenever practicable. If
implementation before the next storm event is
impracticable, the situation shall be documented in the
SWPPP and alternative BMPs shall be implemented as
soon as possible.
c. Maintenance of sediment traps and ponds. Sediment
from sediment traps or sedimentation ponds shall be
removed when design capacity has been reduced by 50%.
4. 3. Requirements for cessation of clearing, grading, and
excavation activities.
a. Inspections and maintenance. Inspections and
maintenance of control measures, including BMPs [ , ]
associated with clearing, grading, and excavation
activities being conducted as part of the exploration and
construction phase of a mining operation shall continue
until final stabilization has been achieved on all portions
of the disturbed area, or until the commencement of the
active mining phase for those areas that have been
temporarily stabilized as a precursor to mining.
b. Final stabilization. Stabilization measures shall be
initiated immediately in portions of the site where
development exploration or construction activities have
permanently ceased, but in no case more than 14 days
after the exploration or construction activity in that
portion of the site has permanently ceased. In arid, semi-
arid, and drought-stricken areas, or in areas subject to
snow or freezing conditions, where initiating perennial
vegetative stabilization measures is not possible within
14 days after exploration or construction activity has
temporarily or permanently ceased, final vegetative
stabilization measures shall be initiated as soon as
possible. Until final stabilization is achieved temporary
stabilization measures, such as erosion control blankets
with an appropriate seed base and tackifiers, shall be
used.
F. Storm water pollution prevention plan requirements for
active, inactive, and temporarily inactive metal mining
facilities and sites undergoing reclamation. In addition to the
requirements of Part III, the plan shall include, at a minimum,
the following items.
1. SWPPP requirements for active, inactive, and
temporarily inactive metal mining facilities, and sites
undergoing reclamation.
a. 1. Site description.
(1) a. Activities at the facility. A description of the
mining and associated activities taking place at the site
that can potentially affect storm water discharges covered
by this permit. The description shall include a general
description of the location of the site relative to major
transportation routes and communities.
(2) b. Site map. The site map shall identify the locations
of the following, as appropriate: mining/milling mining
and milling site boundaries; access and haul roads; an
outline of the drainage areas of each storm water outfall
within the facility, and an indication of the types of
discharges from the drainage areas; location(s) of all
permitted discharges covered under an individual
VPDES permit; outdoor equipment storage, fueling and
maintenance areas; materials handling areas; outdoor
manufacturing, storage or material disposal areas;
outdoor storage areas for chemicals and explosives; areas
used for storage of overburden, materials, soils or wastes;
location of mine drainage (where water leaves mine) or
any other process water; tailings piles/ponds piles and
ponds, both proposed and existing; heap leach pads;
points of discharge from the property for mine
drainage/process drainage and process water; surface
waters; boundary of tributary areas that are subject to
effluent limitations guidelines; and location(s) of
reclaimed areas.
b. 2. Summary of potential pollutant sources. For each area
of the mine/mill mine or mill site where storm water
discharges associated with industrial activities occur, the
plan shall identify the types of pollutants likely to be
present in significant amounts (e.g., heavy metals,
sediment). The following factors shall be considered: the
mineralogy of the ore and waste rock (e.g., acid forming);
toxicity and quantity of chemicals used, produced or
discharged; the likelihood, if any, of contact with storm
water; vegetation of site, if any; and history of significant
leaks/spills leaks and spills of toxic or hazardous
pollutants. A summary of any existing ore or waste
rock/overburden rock and overburden characterization data
and test results for potential generation of acid rock shall
also be included. If the ore or waste rock/overburden rock
and overburden characterization data are updated due to a
change in the ore type being mined, the SWPPP shall be
updated with the new data.
c. 3. Storm water controls.
(1) a. Routine facility inspections. Sites Except for areas
subject to clearing, grading, and excavation activities
subject to subdivision E 2 of this section, sites shall be
inspected at least monthly quarterly unless adverse
weather conditions make the site inaccessible. The
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requirement for routine facility inspections is waived for
facilities that have maintained an active VEEP E3/E4
status.
(2) b. Employee training. Employee training shall be
conducted at least annually at active mining and
temporarily inactive sites. All employee training shall be
documented in the SWPPP.
(3) c. Structural BMPs control measures. [ Each In
addition to the control measures required by Part III B 4,
each ] of the following BMPs control measures shall be
considered in the SWPPP. The potential pollutants
identified in subpart F subdivision 1 b above of this
subsection shall determine the priority and
appropriateness of the BMPs control measures selected.
If BMPs control measures are implemented or planned
but are not listed here (e.g., substituting a less toxic
chemical for a more toxic one), descriptions of them shall
be included in the SWPPP.
(a) Sediment and erosion control. The measures to
consider include: diversion of flow away from areas
susceptible to erosion (measures such as interceptor dikes
and swales, diversion dikes, curbs and berms);
stabilization methods to prevent or minimize erosion
(such as temporary or permanent seeding; vegetative
buffer strips; protection of trees; topsoiling; soil
conditioning; contouring; mulching; geotextiles (matting,
netting, or blankets); riprap; gabions; and retaining
walls); and structural methods for controlling sediment
(such as check dams; rock outlet protection; level
spreaders; gradient terraces; straw bale barriers; silt
fences; gravel or stone filter berms; brush barriers;
sediment traps; grass swales; pipe slope drains; earth
dikes; other controls such as entrance stabilization,
waterway crossings or wind breaks; or other equivalent
measures).
(b) (1) Storm water diversion. A description of how and
where storm water will be diverted away from potential
pollutant sources to prevent storm water contamination.
[ BMP Control measure ] options may include the
following: interceptor dikes and swales; diversion dikes,
curbs and berms; pipe slope drains; subsurface drains;
drainage/storm drainage and storm water conveyance
systems (channels or gutters, open top box culverts and
waterbars; rolling dips and road sloping; roadway surface
water deflector and culverts) or equivalent measures.
(c) Management of runoff. The potential pollutant
sources given in subdivision 1 b of this subsection shall
be considered when determining reasonable and
appropriate measures for managing runoff.
(d) (2) Capping. When capping of a contaminant source
is necessary, the source being capped and materials and
procedures used to cap the contaminant source shall be
identified.
(e) (3) Treatment. If treatment of a storm water discharge
is necessary to protect water quality, include a
description of the type and location of storm water
treatment that will be used. Storm water treatments
include the following: chemical or physical systems;
oil/water oil and water separators; artificial wetlands; etc.
The permittee is encouraged to use both passive and/or
and active treatment of storm water runoff. Treated
runoff may be discharged as a storm water source
regulated under this permit provided the discharge is not
combined with discharges subject to effluent limitation
guidelines for the Ore Mining and Dressing Point Source
Category (40 CFR Part 440 (2007))).
(f) (4) Certification of discharge testing. The permittee
shall test or evaluate all outfalls covered under this
permit for the presence of specific mining-related
nonstorm water discharges such as seeps or adit
discharges or discharges subject to effluent limitations
guidelines (e.g., 40 CFR Part 440 (2007))), such as mine
drainage or process water. Alternatively (if applicable),
the permittee may certify in the SWPPP that a particular
discharge composed of commingled storm water and
nonstorm water is covered under a separate VPDES
permit; and that permit subjects the nonstorm water
portion to effluent limitations prior to any commingling.
This certification shall identify the nonstorm water
discharges, the applicable VPDES permit(s), the effluent
limitations placed on the nonstorm water discharge by
the permit(s), and the points at which the limitations are
applied.
2. G. Termination of permit coverage.
a. 1. Termination of permit coverage for sites reclaimed
after December 17, 1990. A site or a portion of a site that
has been released from applicable state or federal
reclamation requirements after December 17, 1990, is no
longer required to maintain coverage under this permit,
provided that the covered storm water discharges do not
have the potential to cause or contribute to violations of
state water quality standards. If the site or portion of a site
reclaimed after December 17, 1990, was not subject to
reclamation requirements, the site or portion of the site is
no longer required to maintain coverage under this permit
if the site or portion of the site has been reclaimed as
defined in subpart 2 b below subdivision 2 of this
subsection.
b. 2. Termination of permit coverage for sites reclaimed
before December 17, 1990. A site or portion of a site that
was released from applicable state or federal reclamation
requirements before December 17, 1990, or that was
otherwise reclaimed before December 17, 1990, is no
longer required to maintain coverage under this permit if
the site or portion of the site has been reclaimed. A site or
portion of a site is considered to have been reclaimed if: (i)
storm water runoff that comes into contact with (i) raw
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materials, intermediate byproducts, finished products, and
waste products does not have the potential to cause or
contribute to violations of state water quality standards, (ii)
soil-disturbing activities related to mining at the sites or
portion of the site have been completed, (iii) the site or
portion of the site has been stabilized to minimize soil
erosion, and (iv) as appropriate depending on location,
size, and the potential to contribute pollutants to storm
water discharges, the site or portion of the site has been
revegetated, will be amenable to natural revegetation, or
will be left in a condition consistent with the post-mining
land use.
H. Inactive and unstaffed sites. Permittees in Sector G
seeking to exercise a waiver from the quarterly visual
assessment and routine facility inspection requirements for
inactive and unstaffed sites (including temporarily inactive
sites) are conditionally exempt from the requirement to
certify that "there are no industrial materials or activities
exposed to stormwater" in Part I A 4.
This exemption is conditioned on the following:
1. If circumstances change and the facility becomes active
or staffed, this exception no longer applies and the
permittee shall immediately begin complying with the
quarterly visual assessment and routine facility inspection
requirements; and
2. The board retains the authority to revoke this exemption
and the monitoring waiver when it is determined that the
discharge causes, has a reasonable potential to cause, or
contributes to an instream excursion above an applicable
water quality standard, including designated uses.
Subject to the two conditions in subdivisions 1 and 2 of this
subsection, if a facility is inactive and unstaffed, the permittee
is waived from the requirement to conduct quarterly visual
assessments and routine facility inspections. The permittee is
not waived from conducting the Part III E comprehensive site
inspection. The board encourages the permittee to inspect the
site more frequently when there is reason to believe that
severe weather or natural disasters may have damaged control
measures.
G. I. Benchmark monitoring and reporting requirements.
Note: There are no benchmark monitoring requirements for
inactive and unstaffed sites that have received a waiver in
accordance with Part I A 4 (Inactive and unstaffed sites).
1. Copper ore mining and dressing facilities. Active copper
ore mining and dressing facilities are required to monitor
their storm water discharges for the pollutants of concern
listed in Table 150-1 below.
2. Discharges from waste rock and overburden piles at
active sites, inactive sites, and sites undergoing
reclamation. Discharges from waste rock and overburden
piles at active sites, inactive sites, and sites undergoing
reclamation shall be analyzed for the parameters listed in
Table 150-2. Facilities shall also monitor for the
parameters listed in Table 150-3. The director may also
notify the facility that additional monitoring must be
performed to accurately characterize the quality and
quantity of pollutants discharged from the waste
rock/overburden rock or overburden piles.
Table 150-1.
Sector G – Benchmark Monitoring Requirements - Copper
Ore Mining and Dressing Facilities.
Pollutants of Concern Benchmark
Concentration
Active Copper Ore Mining and Dressing Facilities (SIC
1021)
Total Suspended Solids (TSS) 100 mg/L
Table 150-2.
Sector G – Benchmark Monitoring Requirements - Discharges
from Waste Rock and Overburden Piles from Active Ore
Mining or Dressing Facilities, Inactive Ore Mining or Dressing
Facilities, and Sites Undergoing Reclamation.
Pollutants of Concern Benchmark
Concentration
Iron Ores; Copper Ores; Lead and Zinc Ores; Gold and Silver
Ores; Ferroalloy Ores Except Vanadium; Miscellaneous Metal
Ores (SIC Codes 1011, 1021, 1031, 1041, 1044, 1061, 1081,
1094, 1099)
Total Suspended Solids (TSS) 100 mg/L
Turbidity (NTUs) 50 NTU
pH 6.0 - 9.0 s.u.
Hardness (as CaCO3) no benchmark value
Total Recoverable Antimony 640 μg/L
Total Recoverable Arsenic 50 μg/L
Total Recoverable Beryllium 130 μg/L
Total Recoverable Cadmium 2.1 μg/L
Total Recoverable Copper 18 μg/L
Total Recoverable Iron 1.0 mg/L
Total Recoverable Lead 120 μg/L
Total Recoverable Mercury 1.4 μg/L
Total Recoverable Nickel 470 μg/L
Total Recoverable Selenium 5.0 μg/L
Total Recoverable Silver 3.8 μg/L
Total Recoverable Zinc 120 μg/L
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Table 150-3.
Sector G – Additional Monitoring Requirements for
Discharges From from Waste Rock and Overburden Piles
From from Active Ore Mining or Dressing Facilities,
Inactive Ore Mining or Dressing Facilities, and Sites
Undergoing Reclamation.
Type of Ore
Mined
Pollutants of Concern
TSS
(mg/L) pH
Metals, Total
Recoverable
Tungsten Ore
X X Arsenic,
Cadmium (H),
Copper (H), Lead
(H), Zinc (H).
Nickel Ore
X X Arsenic,
Cadmium (H),
Copper (H), Lead
(H), Zinc (H).
Aluminum Ore X X Iron.
Mercury Ore X X Nickel (H).
Iron Ore X X Iron (Dissolved).
Platinum Ore
Cadmium (H),
Copper (H),
Mercury, Lead
(H), Zinc (H).
Titanium Ore X X Iron, Nickel (H),
Zinc (H).
Vanadium Ore
X X Arsenic,
Cadmium (H),
Copper (H), Lead
(H), Zinc (H).
Copper, Lead,
Zinc, Gold,
Silver and
Molybdenum
X X Arsenic,
Cadmium (H),
Copper (H), Lead
(H), Mercury,
Zinc (H).
Uranium,
Radium and
Vanadium
X X Chemical Oxygen
Demand, Arsenic,
Radium
(Dissolved and
Total
Recoverable),
Uranium, Zinc
(H).
Note: (H) indicates that hardness must shall also be
measured when this pollutant is measured.
9VAC25-151-160. Sector H - Coal mines and coal mining-
related facilities.
A. Discharges covered under this section. The requirements
listed under this section apply to storm water discharges
associated with industrial activity from coal mining-related
areas (SIC Major Group 12) if (i) they are not subject to
effluent limitations guidelines under 40 CFR Part 434 (2007)
or (ii) they are not subject to the standards of the Surface
Mining Control and Reclamation Act of 1977 (SMCRA)
(30 USC § 1201 et seq.) and the Virginia Department of
Mines, Minerals and Energy's individual permit requirements.
The requirements of this section shall apply to storm water
discharges from coal mining-related activities exempt from
SMCRA, including the public financed exemption, the 16-
2/3% exemption, the private use exemption, the under 250
tons exemption, the nonincidental tipple exemption, and the
exemption for coal piles and preparation plants associated
with the end user. Storm water discharges from the following
portions of eligible coal mines and coal mining related
facilities may be eligible for this permit: haul roads
(nonpublic roads on which coal or coal refuse is conveyed),
access roads (nonpublic roads providing light vehicular traffic
within the facility property and to public roadways), railroad
spurs, sidings, and internal haulage lines (rail lines used for
hauling coal within the facility property and to off-site
commercial railroad lines or loading areas); conveyor belts,
chutes, and aerial tramway haulage areas (areas under and
around coal or refuse conveyor areas, including transfer
stations); and equipment storage and maintenance yards, coal
handling buildings and structures, coal tipples, coal loading
facilities and inactive coal mines and related areas
(abandoned and other inactive mines, refuse disposal sites and
other mining-related areas).
B. Special conditions. Prohibition of nonstorm water
discharges. In addition to the general prohibition of nonstorm
water discharges in Part I B 1, the following discharges are
not covered by this permit: discharges from pollutant seeps or
underground drainage from inactive coal mines and refuse
disposal areas that do not result from precipitation events and
discharges from floor drains in maintenance buildings and
other similar drains in mining and preparation plant areas.
C. Storm water pollution prevention plan requirements. In
addition to the requirements of Part III, the SWPPP shall
include at a minimum, the following items.
1. Site description.
a. Site map. The site map shall identify where any of the
following may be exposed to precipitation/surface
precipitation or surface runoff:
(1) Drainage direction and discharge points from all
applicable mining-related areas described in subsection A
of this section Haul and access roads;
(2) Railroad spurs, sliding, and internal hauling lines;
(3) Conveyor belts, chutes, and aerial tramways;
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(4) Equipment storage and maintenance yards;
(5) Coal handling buildings and structures;
(6) Inactive mines and related areas;
(2) (7) Acidic spoil, refuse or unreclaimed disturbed
areas; and
(3) (8) Liquid storage tanks containing pollutants such as
caustics, hydraulic fluids and lubricants.
b. Summary of potential pollutant sources. A description
of the potential pollutant sources from the following
activities: truck traffic on haul roads and resulting
generation of sediment subject to runoff and dust
generation; fuel or other liquid storage; pressure lines
containing slurry, hydraulic fluid or other potential
harmful liquids; and loading or temporary storage of
acidic refuse/spoil refuse or spoil.
2. Storm water controls.
a. Good housekeeping. As part of the facility's good
housekeeping program [ required by Part III B 4 b (1) ],
the permittee shall consider the following: using
sweepers, covered storage, and watering of haul roads to
minimize dust generation; and conservation of vegetation
(where possible) to minimize erosion.
b. Preventive maintenance. The permittee shall also
perform inspections of storage tanks and pressure lines
for fuels, lubricants, hydraulic fluid or slurry to prevent
leaks due to deterioration or faulty connections; or other
equivalent measures.
c. Routine facility inspections. Sites shall be inspected at
least quarterly unless adverse weather conditions make
the site inaccessible. The requirement for routine facility
inspections is waived for facilities that have maintained
an active VEEP E3/E4 status.
3. Comprehensive site compliance evaluation. The
evaluation program shall also include inspections for
pollutants entering the drainage system from activities
located on or near coal mining-related areas. Among the
areas to be inspected: haul and access roads; railroad spurs,
sliding and internal hauling lines; conveyor belts, chutes
and aerial tramways; equipment storage and maintenance
yards; coal handling buildings/structures buildings and
structures; and inactive mines and related areas.
D. Inactive and unstaffed sites. Permittees in Sector H
seeking to exercise a waiver from the quarterly visual
assessment and routine facility inspection requirements for
inactive and unstaffed sites (including temporarily inactive
sites) are conditionally exempt from the requirement to
certify that "there are no industrial materials or activities
exposed to stormwater" in Part I A 4.
This exemption is conditioned on the following:
1. If circumstances change and the facility becomes active
or staffed, this exception no longer applies and the
permittee shall immediately begin complying with the
quarterly visual assessment requirements and routine
facility inspection requirements; and
2. The board retains the authority to revoke this exemption
and the monitoring waiver when it is determined that the
discharge causes, has a reasonable potential to cause, or
contributes to an instream excursion above an applicable
water quality standard, including designated uses.
Subject to the two conditions in subdivisions 1 and 2 of this
subsection, if a facility is inactive and unstaffed, the permittee
is waived from the requirement to conduct quarterly visual
assessments and routine facility inspections. The permittee is
not waived from conducting the Part III E comprehensive site
inspection. The board encourages the permittee to inspect the
site more frequently when there is reason to believe that
severe weather or natural disasters may have damaged control
measures.
D. E. Benchmark monitoring and reporting requirements.
Coal mining facilities are required to monitor their storm
water discharges for the pollutants of concern listed in Table
160. Note: There are no benchmark monitoring requirements
for inactive and unstaffed sites that have received a waiver in
accordance with Part I A 4 (Inactive and unstaffed sites).
Table 160.
Sector H - Benchmark Monitoring Requirements.
Pollutants of Concern Benchmark Concentration
Coal Mines and Related Areas (SIC 1221-1241)
Total Recoverable
Aluminum
750 μg/L
Total Recoverable Iron 1.0 mg/L
Total Suspended Solids
(TSS)
100 mg/L
9VAC25-151-170. Sector I - Oil and gas extraction and
refining.
A. Discharges covered under this section. The requirements
listed under this section apply to storm water discharges
associated with industrial activity from oil and gas extraction
and refining facilities listed under SIC Major Group 13 which
have had a discharge of a reportable quantity (RQ) of oil or a
hazardous substance for which notification is required under
40 CFR 110.6 (2007), 40 CFR 117.21 (2007) or 40 CFR
302.6 (2007). These include oil and gas exploration,
production, processing, or treatment operations, or
transmission facilities that discharge storm water
contaminated by contact with or that has come into contact
with any overburden raw material, intermediate products,
finished products, by-products or waste products located on
the site of such operations. Industries in SIC Major Group 13
include the extraction and production of crude oil, natural gas,
oil sands and shale; the production of hydrocarbon liquids
and natural gas from coal; and associated oilfield service,
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supply and repair industries. This section also covers
petroleum refineries listed under SIC Code 2911.
Contaminated storm water discharges from petroleum
refining or drilling operations that are subject to nationally
established BAT or BPT guidelines found at 40 CFR Part 419
(2006) and 40 CFR Part 435 (2007) respectively are not
authorized by this permit.
Note: most contaminated discharges from petroleum
refining and drilling facilities are subject to these effluent
guidelines and are not eligible for coverage under this permit.
B. Special conditions. Prohibition of nonstorm water
discharges. In addition to the general prohibition of nonstorm
water discharges in Part I B 1, the following discharges are
not covered by this permit: discharges of vehicle and
equipment washwater, including tank cleaning operations.
Alternatively, washwater discharges must be authorized under
a separate VPDES permit, or be discharged to a sanitary
sewer in accordance with applicable industrial pretreatment
requirements.
C. Storm water pollution prevention plan requirements. In
addition to the requirements of Part III, the SWPPP shall
include, at a minimum, the following items.
1. Site description.
a. Site map. The site map shall identify where any of the
following may be exposed to precipitation/surface
precipitation or surface runoff: reportable quantity (RQ)
releases; locations used for the treatment, storage or
disposal of wastes; processing areas and storage areas;
chemical mixing areas; construction and drilling areas;
all areas subject to the effluent guidelines requirement of
"No Discharge" in accordance with 40 CFR 435.32
(2007) and the structural controls to achieve compliance
with the "No Discharge" requirement.
b. Summary of potential pollutant sources.
(1) The plan shall also include a description of the
potential pollutant sources from the following activities:
chemical, cement, mud or gel mixing activities; drilling
or mining activities; and equipment cleaning and
rehabilitation activities.
(2) The plan shall include information about the RQ
release which triggered the permit application
requirements, including: the nature of the release (e.g.,
spill of oil from a drum storage area); the amount of oil
or hazardous substance released; amount of substance
recovered; date of the release; cause of the release (e.g.,
poor handling techniques and lack of containment in the
area); areas affected by the release, including land and
waters; procedure to cleanup release; actions or
procedures implemented to prevent or improve response
to a release; and remaining potential contamination of
storm water from release (taking into account human
health risks, the control of drinking water intakes, and the
designated uses of the receiving water).
2. Storm water controls. a. Routine facility inspections. All
equipment and areas addressed in the SWPPP shall be
inspected at least monthly. Equipment and vehicles which
store, mix (including all on-site and off-site mixing tanks)
or transport chemicals/hazardous materials (including
those transporting supplies to oil field activities) will be
inspected on a monthly basis. For temporarily or
permanently inactive oil and gas extraction facilities within
Major SIC Group 13, which are remotely located and
unstaffed, the inspections shall be performed at least
annually. b. : Sediment and erosion control. The [ sediment
and ] erosion control [ requirement additional
documentation requirements ] for well drillings and
sand/shale sand or shale mining areas are as follows:
(1) a. Site description. Each plan shall provide a
description of the following:
(a) (1) A description of the nature of the exploration
activity;
(b) (2) Estimates of the total area of the site and the area
of the site that is expected to be disturbed due to the
exploration activity;
(c) (3) An estimate of the runoff coefficient of the site;
(d) (4) A site map indicating drainage patterns and
approximate slopes; and
(e) (5) The name of all receiving water(s).
(2) b. Vegetative controls. The SWPPP shall include a
description of vegetative practices designed to preserve
existing vegetation where attainable and revegetate open
areas as soon as practicable after grade drilling. Such
practices may include: temporary or permanent seeding,
mulching, sod stabilization, vegetative buffer strips, tree
protection practices. The permittee shall initiate
appropriate vegetative practices on all disturbed areas
within 14 calendar days of the last activity at that area.
(3) Off-site vehicle tracking of sediments shall be
minimized.
(4) c. Procedures in the plan shall provide that all erosion
[ and sedimentation ] controls on the site are inspected at
least once every seven calendar days.
c. Good housekeeping measures.
(1) Vehicle and equipment storage areas. The storage of
vehicles and equipment awaiting or having completed
maintenance shall be confined to designated areas
(delineated on the site map). The plan shall describe
measures that prevent or minimize contamination of the
storm water runoff from these areas (e.g., drip pans under
equipment, indoor storage, use of berms and dikes, or
other equivalent measures.
(2) Materials and chemical storage areas. Storage units of
all chemicals and materials shall be maintained in good
condition so as to prevent contamination of storm water.
Hazardous materials shall be plainly labeled.
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(3) Chemical mixing areas. The plan shall describe
measures that prevent or minimize contamination of the
storm water runoff from chemical mixing areas.
d. Contact with waste water pollutants at exploration and
production facilities. The permittee shall take all
measures necessary to prevent the discharge of storm
water that has come into contact with waste water
pollutants from any sources associated with production,
field exploration, drilling, well completion, or well
treatment (i.e., produced water, drilling muds, drill
cuttings, and produced sand).
Sector J – Mineral Mining and Dressing (SIC 1411-1499).
Facilities described by this sector are not covered by this
general permit. Facilities with storm water discharges that fall
under this sector should apply for coverage under the VPDES
Nonmetallic Mineral Mining General Permit (VAG 84).
9VAC25-151-180. Sector K - Hazardous waste treatment,
storage, or disposal facilities.
A. Discharges covered under this section. The requirements
listed under this section apply to storm water discharges
associated with industrial activity from facilities that treat,
store, or dispose of hazardous wastes, including those that are
operating under interim status or a permit under subtitle C of
RCRA (Industrial Activity Code "HZ"). Disposal facilities
that have been properly closed and capped, or clean closed,
and have no significant materials exposed to storm water, are
considered inactive and do not require permits this permit.
B. Special conditions. Prohibition of nonstorm water
discharges. In addition to the general prohibition of nonstorm
water discharges in Part I B 1, the following discharges are
not covered by this permit: leachate, gas collection
condensate, drained free liquids, contaminated ground water,
laboratory-derived wastewater and contact washwater from
washing truck, equipment, and railcar exteriors and surface
areas that have come in direct contact with solid waste at the
landfill facility.
C. Definitions.
"Contaminated storm water" means storm water that comes
in direct contact with landfill wastes, the waste handling and
treatment areas, or landfill wastewater as defined in this
section. Some specific areas of a landfill that may produce
contaminated storm water include, but are not limited to: the
open face of an active landfill with exposed waste (no cover
added); the areas around wastewater treatment operations;
trucks, equipment or machinery that has been in direct contact
with the waste; and waste dumping areas.
"Drained free liquids" means aqueous wastes drained from
waste containers (e.g., drums, etc.) prior to landfilling.
"Land treatment facility" means a facility or part of a facility
at which hazardous waste is applied onto or incorporated into
the soil surface; such facilities are disposal facilities if the
waste will remain after closure.
"Landfill" means an area of land or an excavation in which
wastes are placed for permanent disposal, that is not a land
application or land treatment unit, surface impoundment,
underground injection well, waste pile, salt dome formation, a
salt bed formation, an underground mine or a cave as these
terms are defined in 40 CFR 257.2 (2006), 40 CFR 258.2
(2006) and 40 CFR 260.10 (2007).
"Landfill wastewater" as defined in 40 CFR Part 445 (2007)
(Landfills Point Source Category) means all wastewater
associated with, or produced by, landfilling activities except
for sanitary wastewater, noncontaminated storm water,
contaminated ground water, and wastewater from recovery
pumping wells. Landfill wastewater includes, but is not
limited to, leachate, gas collection condensate, drained free
liquids, laboratory derived wastewater, contaminated storm
water and contact washwater from washing truck, equipment,
and railcar exteriors and surface areas that have come in
direct contact with solid waste at the landfill facility.
"Leachate" means liquid that has passed through or emerged
from solid waste and contains soluble, suspended, or miscible
materials removed from such waste.
"Noncontaminated storm water" means storm water that
does not come into direct contact with landfill wastes, the
waste handling and treatment areas, or landfill wastewater as
defined above. Noncontaminated storm water includes storm
water that flows off the cap, cover, intermediate cover, daily
cover, and/or or final cover of the landfill.
"Pile" means any noncontainerized accumulation of solid,
nonflowing hazardous waste that is used for treatment or
storage and that is not a containment building.
"Surface impoundment" means a facility or part of a facility
that is a natural topographic depression, man-made
excavation or diked area formed primarily of earthen
materials (although it may be lined with man-made
materials), which is designed to hold an accumulation of
liquid wastes or wastes containing free liquids, and which is
not an injection well. Examples of surface impoundments are
holding, storage, settling, and aeration pits, ponds and
lagoons.
D. Numeric effluent limitations. As set forth at 40 CFR Part
445 Subpart A (2007), the numeric limitations in Table 180-1
apply to contaminated storm water discharges from hazardous
waste landfills subject to the provisions of RCRA Subtitle C
at 40 CFR Parts 264 (Subpart N) (2007) and 265 (Subpart N)
(2007) except for any of the following facilities described in
subdivisions 1 through 4 of this subsection:
1. Landfills operated in conjunction with other industrial or
commercial operations when the landfill only receives
wastes generated by the industrial or commercial operation
directly associated with the landfill;
2. Landfills operated in conjunction with other industrial or
commercial operations when the landfill receives wastes
generated by the industrial or commercial operation
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directly associated with the landfill and also receives other
wastes provided the other wastes received for disposal are
generated by a facility that is subject to the same
provisions in 40 CFR Subchapter N (2007) as the industrial
or commercial operation or the other wastes received are of
similar nature to the wastes generated by the industrial or
commercial operation;
3. Landfills operated in conjunction with Centralized
Waste Treatment (CWT) facilities subject to 40 CFR Part
437 (2007) so long as the CWT facility commingles the
landfill wastewater with other nonlandfill wastewater for
discharge. A landfill directly associated with a CWT
facility is subject to this part if the CWT facility discharges
landfill wastewater separately from other CWT wastewater
or commingles the wastewater from its landfill only with
wastewater from other landfills; or
4. Landfills operated in conjunction with other industrial or
commercial operations when the landfill receives wastes
from public service activities so long as the company
owning the landfill does not receive a fee or other
remuneration for the disposal service.
Table 180-1.
Sector K – Numeric Effluent Limitations.
Parameter
Effluent Limitations
Maximum
Daily
Maximum
Monthly
Average
Hazardous Waste Treatment, Storage, or Disposal Facilities
(Industrial Activity Code "HZ") Subject to the Provisions of
40 CFR Part 445 Subpart A (2007).
Biochemical
Oxygen Demand
(BOD5)
220 mg/L 56 mg/L
Total Suspended
Solids (TSS)
88 mg/L 27 mg/L
Ammonia 10 mg/L 4.9 mg/L
Alpha Terpineol 0.042 mg/L 0.019 mg/L
Aniline 0.024 mg/L 0.015 mg/L
Benzoic Acid 0.119 mg/L* 0.073 mg/L
Naphthalene 0.059 mg/L 0.022 mg/L
p-Cresol 0.024 mg/L 0.015 mg/L
Phenol 0.048 mg/L 0.029 mg/L
Pyridine 0.072 mg/L 0.025 mg/L
Arsenic (Total) 1.1 mg/L 0.54 mg/L
Chromium (Total) 1.1 mg/L 0.46 mg/L
Zinc (Total) 0.535 mg/L* 0.296 mg/L*
pH Within the range of 6.0 - 9.0
s.u.
*These effluent limitations are three significant digits for
reporting purposes.
E. Benchmark monitoring and reporting requirements.
Permittees with hazardous waste treatment, storage, or
disposal facilities (TSDFs) are required to monitor their storm
water discharges for the pollutants of concern listed in Table
180-2. These benchmark monitoring cutoff concentrations
apply to storm water discharges associated with industrial
activity other than contaminated storm water discharges from
landfills subject to the numeric effluent limitations set forth in
Table 180-1.
Table 180-2.
Sector K – Benchmark Monitoring Requirements.
Pollutants of Concern Benchmark
Concentration
Hazardous Waste Treatment, Storage, or Disposal Facilities
(Industrial Activity Code "HZ")
Total Kjeldahl Nitrogen (TKN) 1.5 mg/L
Total Suspended Solids (TSS) 100 mg/L
Total Organic Carbon (TOC) 110 mg/L
Total Recoverable Arsenic 50 μg/L
Total Recoverable Cadmium 2.1 μg/L
Total Cyanide 22 μg/L
Total Recoverable Lead 120 μg/L
Total Recoverable Magnesium 64 μg/L
Total Recoverable Mercury 1.4 μg/L
Total Recoverable Selenium 5.0 μg/L
Total Recoverable Silver 3.8 μg/L
9VAC25-151-190. Sector L - Landfills, land application
sites and open dumps.
A. Discharges covered under this section. The requirements
listed under this section apply to storm water discharges
associated with industrial activity from waste disposal at
landfills, land application sites, and open dumps that receive
or have received industrial wastes (Industrial Activity Code
"LF"), including sites subject to regulation under Subtitle D
of RCRA. Open dumps are solid waste disposal units that are
not in compliance with state/federal criteria established under
RCRA Subtitle D. Landfills, land application sites, and open
dumps that have storm water discharges from other types of
industrial activities such as vehicle maintenance, truck
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washing, and/or and recycling may be subject to additional
requirements specified elsewhere in this permit. This permit
does not cover discharges from landfills that receive only
municipal wastes. Landfills [ (including landfills in "post-
closure care") ] that have been properly closed and capped in
accordance with 9VAC20-81-160 and 9VAC20-81-170 and
have no significant materials exposed to stormwater do not
require this permit. Landfills closed in accordance with
regulations or permits in effect prior to December 21, 1988,
do not require this permit, unless significant materials are
exposed to stormwater.
B. Special conditions. Prohibition of nonstorm water
discharges. In addition to the general nonstorm water
prohibition in Part I B 1, the following discharges are not
covered by this permit: leachate, gas collection condensate,
drained free liquids, contaminated ground water, laboratory
wastewater, and contact washwater from washing truck,
equipment, and railcar exteriors and surface areas that have
come in direct contact with solid waste at the landfill facility.
C. Definitions.
"Contaminated storm water" means storm water that comes
in direct contact with landfill wastes, the waste handling and
treatment areas, or landfill wastewater as defined below.
Some specific areas of a landfill that may produce
contaminated storm water include, but are not limited to:, the
open working face of an active landfill with exposed waste
(no cover added); the areas around wastewater treatment
operations; trucks, equipment, or machinery that has been in
direct contact with the waste; and waste dumping areas.
"Drained free liquids" means aqueous wastes drained from
waste containers (e.g., drums, etc.) prior to landfilling.
"Landfill wastewater" as defined in 40 CFR Part 445 (2007)
(Landfills Point Source Category) means all wastewater
associated with, or produced by, landfilling activities except
for sanitary wastewater, noncontaminated storm water,
contaminated groundwater, and wastewater from recovery
pumping wells. Landfill process wastewater includes, but is
not limited to, leachate, gas collection condensate, drained
free liquids, laboratory derived wastewater, contaminated
storm water and contact washwater from washing truck,
equipment, and railcar exteriors and surface areas that have
come in direct contact with solid waste at the landfill facility.
"Leachate" means liquid that has passed through or emerged
from solid waste and contains soluble, suspended, or miscible
materials removed from such waste.
"Noncontaminated storm water" means storm water that
does not come into direct contact with landfill wastes, the
waste handling and treatment areas, or landfill wastewater as
defined above. Noncontaminated storm water includes storm
water that flows off the cap, cover, intermediate cover, daily
cover, and/or or final cover of the landfill.
"Open dump" means a site on which any solid waste is
placed, discharged, deposited, injected, dumped, or spilled so
as to present a threat of a release of harmful substances into
the environment or present a hazard to human health. Such a
site is subject to the open dump criteria in 9VAC20-81-45.
D. Storm water pollution prevention plan requirements. In
addition to the requirements in Part III, the SWPPP shall
include, at a minimum, the following items.
1. Site description.
a. Site map. The site map shall identify where any of the
following may be exposed to precipitation/surface
precipitation or surface runoff: active and closed landfill
cells or trenches; active and closed land application
areas; locations where open dumping is occurring or has
occurred; locations of any known leachate springs or
other areas where uncontrolled leachate may commingle
with runoff; and leachate collection and handling
systems.
b. Summary of potential pollutant sources. The SWPPP
shall also include a description of potential pollutant
sources associated with any of the following: fertilizer,
herbicide, and pesticide application; earth/soil earth and
soil moving; waste hauling and loading/unloading
loading and unloading; outdoor storage of significant
materials including daily, interim and final cover material
stockpiles as well as temporary waste storage areas;
exposure of active and inactive landfill and land
application areas; uncontrolled leachate flows; and
failure or leaks from leachate collection and treatment
systems.
2. Storm water controls.
a. Preventive maintenance program. As part of the
preventive maintenance program, the permittee shall
maintain: all containers used for outdoor
chemical/significant materials storage to prevent leaking;
all elements of leachate collection and treatment systems
to prevent commingling of leachate with storm water;
and the integrity and effectiveness of any intermediate or
final cover (including making repairs to the cover as
necessary necessary), to minimize the effects of
settlement, sinking, and erosion) erosion.
b. Good housekeeping measures. As part of the good
housekeeping program, the permittee shall consider
providing protected storage areas for pesticides,
herbicides, fertilizer and other significant materials.
c. b. Routine facility inspections.
(1) Inspections of active sites. Operating landfills, open
dumps, and land application sites shall be inspected at
least once every seven days. Qualified personnel shall
inspect areas of landfills that have not yet been finally
stabilized, active land application areas, areas used for
storage of materials/wastes materials or wastes that are
exposed to precipitation, stabilization and structural
control measures, leachate collection and treatment
systems, and locations where equipment and waste trucks
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enter and exit the site. Erosion and sediment control
measures shall be observed to ensure they are operating
correctly. For stabilized sites and areas where land
application has been completed, or where the climate is
seasonally arid (annual rainfall averages from 0 to 10
inches) or semi-arid (annual rainfall averages from 10 to
20 inches), inspections shall be conducted at least once
every month.
(2) Inspections of inactive sites. Inactive landfills, open
dumps, and land application sites shall be inspected at
least quarterly. Qualified personnel shall inspect landfill
(or open dump) stabilization and structural erosion
control measures and leachate collection and treatment
systems, and all closed land application areas.
d. c. Recordkeeping and internal reporting procedures.
Landfill and open dump owners shall provide for a
tracking system for the types of wastes disposed of in
each cell or trench of a landfill or open dump. Land
application site owners shall track the types and
quantities of wastes applied in specific areas.
e. Certification of d. Annual outfall evaluation for
unauthorized discharges. The discharge test and
certification evaluation shall also be conducted for the
presence of leachate and vehicle washwater.
f. e. Sediment and erosion control plan. Landfill and open
dump owners shall provide for temporary stabilization of
materials stockpiled for daily, intermediate, and final
cover. Stabilization practices to consider include, but are
not limited to, temporary seeding, mulching, and placing
geotextiles on the inactive portions of the stockpiles.
Landfill and open dump owners shall provide for
temporary stabilization of inactive areas of the landfill or
open dump which have an intermediate cover but no final
cover. Landfill and open dump owners shall provide for
temporary stabilization of any landfill or open dumping
areas which have received a final cover until vegetation
has established itself. Land application site owners shall
also stabilize areas where waste application has been
completed until vegetation has been established.
g. f. Comprehensive site compliance evaluation. Areas
contributing to a storm water discharge associated with
industrial activities at landfills, open dumps and land
application sites shall be evaluated for evidence of, or the
potential for, pollutants entering the drainage system.
E. Numeric effluent limitations. As set forth at 40 CFR Part
445 Subpart B (2007), the numeric limitations in Table 190-1
apply to contaminated storm water discharges from municipal
solid waste landfills (MSWLFs) that have not been closed in
accordance with 40 CFR 258.60 (2006), and contaminated
storm water discharges from those landfills that are subject to
the provisions of 40 CFR Part 257 (2006) (these include CDD
landfills (also known as C&D landfills), and industrial
landfills) except for discharges from any of the following
facilities described in subdivisions 1 through 4 of this
subsection:
1. Landfills operated in conjunction with other industrial or
commercial operations when the landfill only receives
wastes generated by the industrial or commercial operation
directly associated with the landfill;
2. Landfills operated in conjunction with other industrial or
commercial operations when the landfill receives wastes
generated by the industrial or commercial operation
directly associated with the landfill and also receives other
wastes provided the other wastes received for disposal are
generated by a facility that is subject to the same
provisions in 40 CFR Subchapter N (2007) as the industrial
or commercial operation or the other wastes received are of
similar nature to the wastes generated by the industrial or
commercial operation;
3. Landfills operated in conjunction with centralized waste
treatment (CWT) facilities subject to 40 CFR Part 437
(2007) so long as the CWT facility commingles the landfill
wastewater with other nonlandfill wastewater for
discharge. A landfill directly associated with a CWT
facility is subject to this part if the CWT facility discharges
landfill wastewater separately from other CWT wastewater
or commingles the wastewater from its landfill only with
wastewater from other landfills; or
4. Landfills operated in conjunction with other industrial or
commercial operations when the landfill receives wastes
from public service activities so long as the company
owning the landfill does not receive a fee or other
remuneration for the disposal service.
Table 190-1.
Sector L – Numeric Effluent Limitations.
Parameter
Effluent Limitations
Maximum
Daily
Maximum
Monthly
Average
Landfills (Industrial Activity Code "LF") that are Subject to
the Requirements of 40 CFR Part 445 Subpart B (2007).
Biochemical
Oxygen Demand
(BOD5)
140 mg/L 37 mg/L
Total Suspended
Solids (TSS)
88 mg/L 27 mg/L
Ammonia 10 mg/L 4.9 mg/L
Alpha Terpineol 0.033 mg/L 0.016 mg/L
Benzoic Acid 0.12 mg/L 0.071 mg/L
p-Cresol 0.025 mg/L 0.014 mg/L
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Phenol 0.026 mg/L 0.015 mg/L
Zinc (Total) 0.20 mg/L 0.11 mg/L
pH Within the range of 6.0 - 9.0 s.u.
F. Benchmark monitoring and reporting requirements.
Landfill/land application/open Landfill, land application, and
open dump sites are required to monitor their storm water
discharges for the pollutants of concern listed in Table 190-2.
These benchmark monitoring cutoff concentrations apply to
storm water discharges associated with industrial activity
other than contaminated storm water discharges from landfills
subject to the numeric effluent limitations set forth in Table
190-1.
Table 190-2.
Sector L – Benchmark Monitoring Requirements.
Pollutants of Concern Benchmark
Concentration
Landfills, Land Application Sites and Open Dumps
(Industrial Activity Code "LF").
Total Suspended Solids (TSS) 100 mg/L
Landfills, Land Application Sites and Open Dumps
(Industrial Activity Code "LF"), except MSWLF Areas
Closed in Accordance with the Requirements of the
Solid Waste Management Regulations, 9VAC20-81
Total Recoverable Iron 1.0 mg/L
9VAC25-151-200. Sector M - Automobile salvage yards.
A. Discharges covered under this section. The requirements
listed under this section apply to storm water discharges
associated with industrial activity from facilities engaged in
dismantling or wrecking used motor vehicles for parts
recycling/resale recycling or resale, and for scrap (SIC Code
5015).
B. Storm water pollution prevention plan requirements. In
addition to the requirements of Part III, the SWPPP shall
include, at a minimum, the following items:
1. Site description.
a. Site map. The map shall include the location of each
monitoring point, and an estimation (in acres) of the total
area used for industrial activity including, but not limited
to, dismantling, storage, and maintenance of used motor
vehicle parts. The site map shall also identify where any
of the following may be exposed to precipitation/surface
precipitation or surface runoff: vehicle storage areas;
dismantling areas; parts storage areas (e.g., engine
blocks, tires, hub caps, batteries, hoods, mufflers); and
liquid storage tanks and drums for fuel and other fluids.
b. Summary of potential pollutant sources. The permittee
shall assess the potential for the following activities to
contribute pollutants to storm water discharges: vehicle
storage areas; dismantling areas; parts storage areas (e.g.,
engine blocks, tires, hub caps, batteries, and hoods);
fueling stations.
2. Storm water controls.
a. Spill and leak prevention procedures. All vehicles that
are intended to be dismantled shall be properly drained of
all fluids prior to being dismantled or crushed, or other
equivalent means shall be taken to prevent leaks or spills
of fluids.
b. Inspections. Upon arrival at the site, or as soon
thereafter as feasible, vehicles shall be inspected for
leaks. Any equipment containing oily parts, hydraulic
fluids, any other types of fluids, or mercury switches
shall be inspected at least quarterly (four times per year)
for signs of leaks. All vessels and areas where hazardous
materials and general automotive fluids are stored,
including, but not limited to, mercury switches, brake
fluid, transmission fluid, radiator water, and antifreeze,
shall be inspected at least quarterly for leaks.
c. Employee training. Employee training shall, at a
minimum, address the following areas when applicable to
a facility: proper handling (collection, storage, and
disposal) of oil, used mineral spirits, anti-freeze, mercury
switches, and solvents.
d. Management of runoff. The [ plan permittee ] shall
[ consider implement control measures to divert,
infiltrate, reuse, contain, or otherwise reduce stormwater
runoff to minimize pollutants in discharges from the
facility. The following ] management practices [ , such as
shall be considered: ] berms or drainage ditches on the
property line, to help prevent runon from neighboring
properties [ . Berms shall be considered; berms ] for
uncovered outdoor storage of oily parts, engine blocks,
and aboveground liquid storage [ . The permittee shall
consider; and ] the installation of detention ponds,
filtering devices, and oil/water separators.
C. Benchmark monitoring and reporting requirements.
Automobile salvage yards are required to monitor their storm
water discharges for the pollutants of concern listed in Table
200.
Table 200.
Sector M – Benchmark Monitoring Requirements.
Pollutants of Concern Benchmark Concentration
Automobile Salvage Yards (SIC 5015)
Total Suspended Solids
(TSS)
100 mg/L
Total Recoverable
Aluminum
750 μg/L
Total Recoverable Iron 1.0 mg/L
Total Recoverable Lead 120 μg/L
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9VAC25-151-210. Sector N - Scrap recycling and waste
recycling facilities and material recovery facilities (MRF).
A. Discharges covered under this section. The requirements
listed under this section apply to storm water discharges
associated with industrial activity from facilities that are
engaged in the processing, reclaiming and wholesale
distribution of scrap and waste materials such as ferrous and
nonferrous metals, paper, plastic, cardboard, glass, animal
hides (these types of activities are typically identified as SIC
Code 5093), and facilities that are engaged in reclaiming and
recycling liquid wastes such as used oil, antifreeze, mineral
spirits, and industrial solvents (also identified as SIC Code
5093). Separate permit requirements have been established
for recycling facilities that only receive source-separated
recyclable materials primarily from nonindustrial and
residential sources (also identified as SIC Code 5093) (e.g.,
common consumer products including paper, newspaper,
glass, cardboard, plastic containers, aluminum and tin cans).
This includes recycling facilities commonly referred to as
material recovery facilities (MRF).
Separate permit requirements have also been established for
facilities that are engaged in dismantling ships, marine
salvaging, and marine wrecking–ships for scrap (SIC 4499,
limited to those listed; for others in SIC 4499 not listed
above, see Sector Q (9VAC25-151-240)).
B. Special conditions. Prohibition of nonstorm water
discharges. In addition to the general nonstorm water
prohibition in Part I B 1, nonstorm water discharges from
turnings containment areas are not covered by this permit (see
also subdivision C 2 c of this section). Discharges from
containment areas in the absence of a storm event are
prohibited unless covered by a separate VPDES permit.
C. Storm water pollution prevention plan requirements. In
addition to the requirements of Part III, all facilities are
required to comply with the general SWPPP requirement in
subdivision 1 of this subsection.
Subdivisions 2 through 5 of this subsection have SWPPP
requirements for specific types of recycling facilities. The
permittee shall implement and describe in the SWPPP a
program to address those items that apply. Included are lists
of [ BMP control measure ] options that, along with any
functional equivalents, shall be considered for
implementation. [ Selection or deselection of a particular
BMP or approach is up to the best professional judgment of
the permittee, as long as the objective of the requirement is
met. ]
1. Site description. Site map. The site map shall identify
the locations where any of the following activities or
sources may be exposed to precipitation/surface
precipitation or surface runoff: scrap and waste material
storage, outdoor scrap and waste processing equipment,
and containment areas for turnings exposed to cutting
fluids.
2. Scrap recycling and waste recycling facilities
(nonsource-separated, nonliquid recyclable materials). The
following SWPPP special conditions have been established
for facilities that receive, process and do wholesale
distribution of nonliquid recyclable wastes (e.g., ferrous
and nonferrous metals, plastics, glass, cardboard and
paper). These facilities may receive both nonrecyclable and
recyclable materials. This section is not intended for those
facilities that only accept recyclable materials primarily
from nonindustrial and residential sources.
a. Inbound recyclable and waste material control
program. The plan shall include a recyclable and waste
material inspection program to minimize the likelihood
of receiving materials that may be significant pollutant
sources to storm water discharges. [ BMP Control
measure ] options:
(1) Provide information/education information and
education flyers, brochures and pamphlets to suppliers of
scrap and recyclable waste materials on draining and
properly disposing of residual fluids prior to delivery to
the facility (e.g., from vehicles and equipment engines,
radiators, and transmissions, oil-filled transformers, and
individual containers or drums), and on removal of
mercury switches prior to delivery to the facility;
(2) Establish procedures to minimize the potential of any
residual fluids from coming in contact with
precipitation/runoff precipitation or runoff;
(3) Establish procedures for accepting scrap lead-acid
batteries. Additional requirements for the handling,
storage and disposal or recycling of batteries are
contained in the scrap lead-acid battery program
provisions in subdivision 2 f of this subsection;
(4) Provide training targeted for those personnel engaged
in the inspection and acceptance of inbound recyclable
materials;
(5) Establish procedures to ensure that liquid wastes,
including used oil, are stored in materially compatible
and nonleaking containers and disposed or recycled in
accordance with all requirements under the Resource
Recovery and Conservation Act (RCRA), and other state
or local requirements.
b. Scrap and waste material stockpiles/storage stockpiles
and storage (outdoor). The plan shall describe measures
and controls to minimize contact of storm water runoff
with stockpiled materials, processed materials and
nonrecyclable wastes. [ BMP Control measure ] options:
(1) Permanent or semipermanent covers;
(2) The use of sediment traps, vegetated swales and
strips, catch basin filters and sand filters to facilitate
settling or filtering of pollutants;
(3) Diversion of runoff away from storage areas via
dikes, berms, containment trenches, culverts and surface
grading;
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(4) Silt fencing;
(5) Oil/water separators, sumps and dry adsorbents for
areas where potential sources of residual fluids are
stockpiled (e.g., automotive engine storage areas).
c. Stockpiling of turnings exposed to cutting fluids
(outdoor storage). The plan shall implement measures
necessary to minimize contact of surface runoff with
residual cutting fluids. [ BMP Control measure ] options
(use singularly or in combination):
(1) Storage of all turnings exposed to cutting fluids under
some form of permanent or semipermanent cover. Storm
water discharges from these areas are permitted provided
the runoff is first treated by an oil/water separator or its
equivalent. Procedures to collect, handle, and dispose or
recycle residual fluids that may be present shall be
identified in the plan;
(2) Establish dedicated containment areas for all turnings
that have been exposed to cutting fluids. Storm water
runoff from these areas can be discharged provided:
(a) The containment areas are constructed of either
concrete, asphalt or other equivalent type of impermeable
material;
(b) There is a barrier around the perimeter of the
containment areas to prevent contact with storm water
runon (e.g., berms, curbing, elevated pads, etc.);
(c) There is a drainage collection system for runoff
generated from containment areas;
(d) There is a schedule to maintain the oil/water separator
(or its equivalent); and
(e) Procedures are identified for the proper disposal or
recycling of collected residual fluids.
d. Scrap and waste material stockpiles/storage stockpiles
and storage (covered or indoor storage). The plan shall
address measures and controls to minimize contact of
residual liquids and particulate matter from materials
stored indoors or under cover from coming in contact
with surface runoff. [ BMP Control measure ] options:
(1) Good housekeeping measures, including the use of
dry absorbent or wet vacuum clean up cleanup methods,
to contain or dispose/recycle, dispose, or recycle residual
liquids originating from recyclable containers, or
mercury spill kits from storage of mercury switches;
(2) Prohibiting the practice of allowing washwater from
tipping floors or other processing areas from discharging
to the storm sewer system;
(3) Disconnecting or sealing off all floor drains
connected to the storm sewer system.
e. Scrap and recyclable waste processing areas. The plan
shall include measures and controls to minimize surface
runoff from coming in contact with scrap processing
equipment. In the case of processing equipment that
generate visible amounts of particulate residue (e.g.,
shredding facilities), the plan shall describe measures to
minimize the contact of residual fluids and accumulated
particulate matter with runoff (i.e., through good
housekeeping, preventive maintenance, etc.). [ BMP
Control measure ] options:
(1) A schedule of regular inspections of equipment for
leaks, spills, malfunctioning, worn or corroded parts or
equipment;
(2) A preventive maintenance program for processing
equipment;
(3) Removal of mercury switches from the hood and
trunk lighting units, and removal of anti-lock brake
system units containing mercury switches;
(4) Use of dry-absorbents or other cleanup practices to
collect and to dispose/recycle spilled/leaking dispose of
or recycle spilled or leaking fluids, or use of mercury
spill kits for spills from storage of mercury switches;
(5) Installation of low-level alarms or other equivalent
protection devices on unattended hydraulic reservoirs
over 150 gallons in capacity. Alternatively, provide
secondary containment with sufficient volume to contain
the entire volume of the reservoir.
(6) Containment or diversion structures such as dikes,
berms, culverts, trenches, elevated concrete pads, and
grading to minimize contact of storm water runoff with
outdoor processing equipment or stored materials;
(7) Oil/water separators or sumps;
(8) Permanent or semipermanent covers in processing
areas where there are residual fluids and grease;
(9) Retention and detention basins or ponds, sediment
traps, vegetated swales or strips, to facilitate pollutant
settling/ filtration settling and filtration;
(10) Catch basin filters or sand filters.
f. Scrap lead-acid battery program. The plan shall address
measures and controls for the proper handling, storage
and disposal of scrap lead-acid batteries. [ BMP Control
measure ] options:
(1) Segregate scrap lead-acid batteries from other scrap
materials;
(2) A description of procedures and/or and measures for
the proper handling, storage and disposal of cracked or
broken batteries;
(3) A description of measures to collect and dispose of
leaking lead-acid battery fluid;
(4) A description of measures to minimize and, whenever
possible, eliminate exposure of scrap lead-acid batteries
to precipitation or runoff;
(5) A description of employee training for the
management of scrap batteries.
g. Spill prevention and response procedures. The SWPPP
shall include measures to minimize storm water
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contamination at loading/unloading loading and
unloading areas, and from equipment or container
failures. [ BMP Control measure ] options:
(1) Description of spill prevention and response measures
to address areas that are potential sources of fluid leaks
or spills;
(2) Immediate containment and clean up of spills/leaks
spills and leaks. If malfunctioning equipment is
responsible for the spill/leak spill or leak, repairs shall
also be conducted as soon as possible;
(3) Cleanup procedures shall be identified in the plan,
including the use of dry absorbents. Where dry absorbent
cleanup methods are used, an adequate supply of dry
absorbent material shall be maintained on-site. Used
absorbent material shall be disposed of properly;
(4) Drums containing liquids, especially oil and
lubricants, shall be stored: indoors; in a bermed area; in
overpack containers or spill pallets; or in similar
containment devices;
(5) Overfill prevention devices shall be installed on all
fuel pumps or tanks;
(6) Drip pans or equivalent measures shall be placed
under any leaking piece of stationary equipment until the
leak is repaired. The drip pans shall be inspected for
leaks and potential overflow and all liquids properly
disposed of in accordance with RCRA requirements;
(7) An alarm and/or or pump shut off system shall be
installed on outdoor equipment with hydraulic reservoirs
exceeding 150 gallons in order to prevent draining the
tank contents in the event of a line break. Alternatively,
the equipment may have a secondary containment system
capable of containing the contents of the hydraulic
reservoir plus adequate freeboard for precipitation. A
mercury spill kit shall be used for any release of mercury
from switches, anti-lock brake systems, and switch
storage areas.
h. Inspection program. All designated areas of the facility
and equipment identified in the plan shall be inspected at
least monthly quarterly. The requirement for routine
facility inspections is waived for facilities that have
maintained an active VEEP E3/E4 status.
i. Supplier notification program. The plan shall include a
program to notify major suppliers which scrap materials
will not be accepted at the facility or are only accepted
under certain conditions.
3. Waste recycling facilities (liquid recyclable materials).
a. Waste material storage (indoor). The plan shall include
measures and controls to minimize/eliminate minimize or
eliminate contact between residual liquids from waste
materials stored indoors and surface runoff. The plan
may refer to applicable portions of other existing plans
such as SPCC plans required under 40 CFR Part 112
(2007). [ BMP Control measure ] options:
(1) Procedures for material handling (including labeling
and marking);
(2) A sufficient supply of dry-absorbent materials or a
wet vacuum system to collect spilled or leaked materials
(note: spilled or leaking mercury should never be
vacuumed);
(3) An appropriate containment structure, such as
trenches, curbing, gutters or other equivalent measures;
(4) A drainage system, including appurtenances (e.g.,
pumps or ejectors, or manually operated valves), to
handle discharges from diked or bermed areas. Drainage
shall be discharged to an appropriate treatment facility,
sanitary sewer system, or otherwise disposed of properly.
Discharges from these areas may require coverage under
a separate VPDES permit or industrial user permit under
the pretreatment program.
b. Waste material storage (outdoor). The plan shall
describe measures and controls to minimize contact
between stored residual liquids and precipitation or
runoff. The plan may refer to applicable portions of other
existing plans such as SPCC plans required under 40
CFR Part 112 (2007). Discharges of precipitation from
containment areas containing used oil shall also be in
accordance with applicable sections of 40 CFR Part 112
(2007). [ BMP Control measure ] options:
(1) Appropriate containment structures (e.g., dikes,
berms, curbing, pits) to store the volume of the largest
single tank, with sufficient extra capacity for
precipitation;
(2) Drainage control and other diversionary structures;
(3) For storage tanks, provide corrosion protection and/or
or leak detection systems;
(4) Dry-absorbent materials or a wet vacuum system to
collect spills.
c. Truck and rail car waste transfer areas. The plan shall
describe measures and controls to minimize pollutants in
discharges from truck and rail car loading/unloading
loading and unloading areas. The plan shall also address
measures to clean up minor spills/leaks spills and leaks
resulting from the transfer of liquid wastes. [ BMP
Control measure ] options:
(1) Containment and diversionary structures to minimize
contact with precipitation or runoff;
(2) Use of dry cleanup methods, wet vacuuming, roof
coverings, or runoff controls.
d. Inspections. Inspections shall be made monthly
quarterly and shall also include all areas where waste is
generated, received, stored, treated or disposed that are
exposed to either precipitation or storm water runoff. The
requirement for routine facility inspections is waived for
facilities that have maintained an active VEEP E3/E4
status.
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4. Recycling facilities (source separated materials). The
following SWPPP special conditions have been established
for facilities that receive only source-separated recyclable
materials primarily from nonindustrial and residential
sources.
a. Inbound recyclable material control. The plan shall
include an inbound materials inspection program to
minimize the likelihood of receiving nonrecyclable
materials (e.g., hazardous materials) that may be a
significant source of pollutants in surface runoff. [ BMP
Control measure ] options:
(1) Provide information and education measures to
inform suppliers of recyclable materials on the types of
materials that are acceptable and those that are not
acceptable;
(2) A description of training measures for drivers
responsible for pickup of recyclable materials;
(3) Clearly mark public drop-off containers regarding
which materials can be accepted;
(4) Rejecting nonrecyclable wastes or household
hazardous wastes at the source;
(5) Establish procedures for the handling and disposal of
nonrecyclable materials.
b. Outdoor storage. The plan shall include procedures to
minimize the exposure of recyclable materials to surface
runoff and precipitation. The plan shall include good
housekeeping measures to prevent the accumulation of
particulate matter and fluids, particularly in high traffic
areas. [ BMP Control measure ] options:
(1) Provide totally-enclosed drop-off containers for the
public;
(2) Install a sump/pump sump and pump with each
containment pit, and treat or discharge collected fluids to
a sanitary sewer system;
(3) Provide dikes and curbs for secondary containment
(e.g., around bales of recyclable waste paper);
(4) Divert surface runoff away from outside material
storage areas;
(5) Provide covers over containment bins, dumpsters,
roll-off boxes;
(6) Store the equivalent one day's volume of recyclable
materials indoors.
c. Indoor storage and material processing. The plan shall
include measures to minimize the release of pollutants
from indoor storage and processing areas. [ BMP Control
measure ] options:
(1) Schedule routine good housekeeping measures for all
storage and processing areas;
(2) Prohibit a practice of allowing tipping floor
washwaters from draining to any portion of the storm
sewer system; and
(3) Provide employee training on pollution prevention
practices.
d. Vehicle and equipment maintenance. The plan shall
also provide for [ BMPs control measures ] in those areas
where vehicle and equipment maintenance is occurring
outdoors. [ BMP Control measure ] options:
(1) Prohibit vehicle and equipment washwater from
discharging to the storm sewer system;
(2) Minimize or eliminate outdoor maintenance areas,
wherever possible;
(3) Establish spill prevention and clean-up procedures in
fueling areas;
(4) Avoid topping off fuel tanks;
(5) Divert runoff from fueling areas;
(6) Store lubricants and hydraulic fluids indoors;
(7) Provide employee training on proper, handling,
storage of hydraulic fluids and lubricants.
5. Facilities engaged in dismantling ships, marine
salvaging, and marine wrecking—ships for scrap. The
following SWPPP special conditions have been established
for facilities that are engaged in dismantling ships, marine
salvaging, and marine wrecking—ships for scrap.
Vessel Breaking/Scrapping Activities breaking and
scrapping activities. Scrapping of vessels shall be
accomplished ashore beyond the range of mean high tide,
whenever practicable. If this activity must be conducted
while a vessel is afloat or grounded in state waters, then the
permittee shall employ [ BMPs control measures ] to
reduce the amount of pollutants released. The following
[ BMPs control measures ] shall be implemented during
those periods when vessels (ships, barges, yachts, etc.) are
brought to the facility's site for recycling, scrapping and
storage prior to scrapping.
a. Fixed or floating platforms sufficiently sized and
constructed to catch and prevent scrap materials and
pollutants from entering state surface waters (or
equivalent measures approved by the department) board)
shall be used as work surfaces when working on or near
the water surface. These platforms shall be cleaned as
required to prevent pollutants from entering state surface
waters and at the end of each work shift. All scrap metals
and pollutants shall be collected in a manner to prevent
releases (containerization is recommended).
b. There shall be no discharge of oil or oily wastewater at
the facility. Drip pans and other protective devices shall
be required for all oil and oily waste transfer operations
to catch incidental spillage and drips from hose nozzles,
hose racks, drums or barrels. Drip pans and other
protective devices shall be inspected and maintained to
prevent releases. Oil and oily waste shall be disposed at a
permitted facility and adequate documentation of off-site
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disposition shall be retained for review by the board upon
request.
c. During the storage/breaking/scrapping storage,
breaking, and scrapping period, oil containment boom(s)
shall be deployed either around the vessel being
scrapped, or across the mouth of the facility's wetslip, to
contain pollutants in the event of a spill. Booms shall be
inspected, maintained, and repaired as needed. Oil,
grease and fuel spills shall be prevented from reaching
state surface waters. Cleanup shall be carried out
promptly after an oil, grease, and/or or fuel spill is
detected.
d. Paint and solvent spills shall be immediately cleaned
up to prevent pollutants from reaching storm drains, deck
drains, and state surface waters.
e. Contaminated bilge and ballast water shall not be
discharged to state surface waters. If it becomes
necessary to dispose of contaminated bilge and ballast
waters during a vessel breaking activity, the wastewater
shall be disposed at a permitted facility and adequate
documentation of off-site disposition shall be retained for
review by the board upon request.
D. Benchmark monitoring and reporting requirements. Scrap
recycling and waste recycling facilities (nonsource-separated
facilities only) (both source-separated and nonsource-
separated facilities), and facilities engaged in dismantling
ships, marine salvaging, and marine wrecking—ships for
scrap are required to monitor their storm water discharges for
the pollutants of concern listed in Table 210.
Table 210.
Sector N – Benchmark Monitoring Requirements.
Pollutants of Concern Benchmark
Concentration
Scrap Recycling and Waste Recycling Facilities
(nonsource-separated facilities only) (SIC 5093)
Total Suspended Solids (TSS) 100 mg/L
Total Recoverable Aluminum 750 μg/L
Total Recoverable Cadmium 2.1 μg/L
Total Recoverable Chromium 16 μg/L
Total Recoverable Copper 18 μg/L
Total Recoverable Iron 1.0 mg/L
Total Recoverable Lead 120 μg/L
Total Recoverable Zinc 120 μg/L
Scrap Recycling and Waste Recycling Facilities (source-
separated facilities) (SIC 5093)
Total Suspended Solids (TSS) 100 mg/L
Total Recoverable Aluminum1 750 μg/L
Total Recoverable Cadmium1 2.1 μg/L
Total Recoverable Chromium1 16 μg/L
Total Recoverable Copper1 18 μg/L
Total Recoverable Iron1 1.0 mg/L
Total Recoverable Lead1 120 μg/L
Total Recoverable Zinc1 120 μg/L
1Metals monitoring is only required at source-separated
facilities [ if for the specific ] metals [ listed above that ] are
received at the facility.
Facilities Engaged in Dismantling Ships, Marine Salvaging,
and Marine Wrecking - Ships For for Scrap (SIC 4499,
limited to list)
Total Recoverable Aluminum 750 μg/L
Total Recoverable Cadmium 2.1 μg/L
Total Recoverable Chromium 16 μg/L
Total Recoverable Copper 18 μg/L
Total Recoverable Iron 1.0 mg/L
Total Recoverable Lead 120 μg/L
Total Recoverable Zinc 120 μg/L
Total Suspended Solids (TSS) 100 mg/L
9VAC25-151-220. Sector O - Steam electric generating
facilities.
A. Discharges covered under this section. The requirements
listed under this section apply to storm water discharges
associated with industrial activity from steam electric power
generating facilities using coal, natural gas, oil, nuclear
energy, etc. to produce a steam source, including coal
handling areas (Industrial Activity Code "SE").
Storm water discharges from coal pile runoff subject to
numeric effluent limitations are eligible for coverage under
this permit, but are subject to the limitations established by
Part I A 1 c (2).
Storm water discharges from ancillary facilities (e.g., fleet
centers, gas turbine stations, and substations) that are not
contiguous to a steam electric power generating facility are
not covered by this permit. Heat capture/heat recovery Heat
capture and heat recovery combined cycle generation
facilities are also not covered by this permit; however, dual
fuel co-generation facilities that generate electric power are
included.
B. Special conditions. Prohibition of nonstorm water
discharges. In addition to the general nonstorm water
prohibition in Part I B 1, nonstorm water discharges subject
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to effluent limitation guidelines are also not covered by this
permit.
C. Storm water pollution prevention plan requirements. In
addition to the requirements of Part III, the plan shall include,
at a minimum, the following items.
1. Site description. Site map. The site map shall identify
the locations of any of the following activities or sources
that may be exposed to precipitation/surface precipitation
or surface runoff: storage tanks, scrap yards, general refuse
areas; short and long term storage of general materials
(including, but not limited to: supplies, construction
materials, paint equipment, oils, fuels, used and unused
solvents, cleaning materials, paint, water treatment
chemicals, fertilizer, and pesticides); landfills; construction
sites; and stock pile areas (such as coal or limestone piles).
2. Storm water controls.
a. Good housekeeping measures.
(1) Fugitive dust emissions. The permittee shall describe
and implement measures that prevent or minimize
fugitive dust emissions from coal and ash handling areas.
The permittee shall [ consider establishing procedures
to ] minimize off-site tracking of coal dust and ash [ such
as. Control measures to consider include ] installing
specially designed tires, or washing vehicles in a
designated area before they leave the site, and controlling
the wash water.
(2) Delivery vehicles. The plan shall describe measures
that prevent or minimize contamination of storm water
runoff from delivery vehicles arriving on the plant site.
At a minimum the permittee shall consider the following:
(a) Develop procedures for the inspection of delivery
vehicles arriving on the plant site, and ensure overall
integrity of the body or container; and
(b) Develop procedures to deal with leakage/spillage
leakage and spillage from vehicles or containers.
(3) Fuel oil unloading areas. The plan shall describe
measures that prevent or minimize contamination of
precipitation/surface precipitation or surface runoff from
fuel oil unloading areas. At a minimum the permittee
shall consider using the following measures, or an
equivalent:
(a) Use of containment curbs in unloading areas;
(b) During deliveries, having station personnel familiar
with spill prevention and response procedures present to
ensure that any leaks/spills leaks and spills are
immediately contained and cleaned up; and
(c) Use of spill and overflow protection (e.g., drip pans,
drip diapers, and/or or other containment devices placed
beneath fuel oil connectors to contain potential spillage
during deliveries or from leaks at the connectors).
(4) Chemical loading/unloading loading and unloading
areas. The permittee shall describe and implement
measures that prevent or minimize the contamination of
precipitation/surface precipitation or surface runoff from
chemical loading/unloading loading and unloading areas.
At a minimum the permittee shall consider using the
following measures (or their equivalents):
(a) Use of containment curbs at chemical
loading/unloading loading and unloading areas to contain
spills;
(b) During deliveries, having station personnel familiar
with spill prevention and response procedures present to
ensure that any leaks/spills leaks or spills are
immediately contained and cleaned up; and
(c) Covering chemical loading/unloading loading and
unloading areas, and storing chemicals indoors.
(5) Miscellaneous loading/unloading loading and
unloading areas. The permittee shall describe and
implement measures that prevent or minimize the
contamination of storm water runoff from loading and
unloading areas. The permittee shall consider the
following, at a minimum (or their equivalents):
(a) Covering the loading area;
(b) Grading, berming, or curbing around the loading area
to divert runon; or
(c) Locating the loading/unloading loading and unloading
equipment and vehicles so that leaks are contained in
existing containment and flow diversion systems.
(6) Liquid storage tanks. The permittee shall describe and
implement measures that prevent or minimize
contamination of storm water runoff from aboveground
liquid storage tanks. At a minimum the permittee shall
consider employing the following measures (or their
equivalents):
(a) Use of protective guards around tanks;
(b) Use of containment curbs;
(c) Use of spill and overflow protection; and
(d) Use of dry cleanup methods.
(7) Large bulk fuel storage tanks. The permittee shall
describe and implement measures that prevent or
minimize contamination of storm water runoff from large
bulk fuel storage tanks. At a minimum the permittee shall
consider employing containment berms (or its
equivalent). The permittee shall also comply with
applicable state and federal laws, including Spill
Prevention Control and Countermeasures (SPCC).
(8) Spill reduction measures. The permittee shall describe
and implement measures to reduce the potential for an
oil/chemical oil or chemical spill, or reference the
appropriate section of their SPCC plan. [ At a minimum
the The ] structural integrity of all aboveground tanks,
pipelines, pumps and other related equipment shall be
visually inspected on a weekly basis [ regularly as part of
the routine facility inspection ]. All repairs deemed
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necessary based on the findings of the inspections shall
be completed immediately to reduce the incidence of
spills and leaks occurring from such faulty equipment.
(9) Oil bearing equipment in switchyards. The permittee
shall describe and implement measures to prevent or
minimize contamination of surface runoff from oil
bearing equipment in switchyard areas. The permittee
shall consider the use of level grades and gravel surfaces
to retard flows and limit the spread of spills, and the
collection of storm water runoff in perimeter ditches.
(10) Residue hauling vehicles. All residue hauling
vehicles shall be inspected for proper covering over the
load, adequate gate sealing and overall integrity of the
container body. Vehicles without load coverings or
adequate gate sealing, or with leaking containers or beds
shall be repaired as soon as practicable.
(11) Ash loading areas. The permittee shall describe and
implement procedures to reduce or control the tracking of
ash/residue ash and residue from ash loading areas
where. Where practicable, clear the ash building floor
and immediately adjacent roadways of spillage, debris
and excess water before departure of each loaded vehicle.
(12) Areas adjacent to disposal ponds or landfills. The
permittee shall describe and implement measures that
prevent or minimize contamination of storm water runoff
from areas adjacent to disposal ponds or landfills. The
permittee shall develop procedures to:
(a) Reduce ash residue which may be tracked on to
access roads traveled by residue trucks or residue
handling vehicles; and
(b) Reduce ash residue on exit roads leading into and out
of residue handling areas.
(13) Landfills, scrapyards, surface impoundments, open
dumps, general refuse sites. The plan shall address and
include appropriate [ BMPs control measures ] for to
minimize the potential for contamination of runoff from
landfills, scrapyards, surface impoundments, open dumps
and general refuse sites.
(14) Vehicle maintenance activities. For vehicle
maintenance activities performed on the plant site, the
permittee shall use the applicable BMPs outlined in
Sector P (9VAC25-151-230).
(15) Material storage areas. The permittee shall describe
and implement measures that prevent or minimize
contamination of storm water runoff from material
storage areas (including areas used for temporary storage
of miscellaneous products, and construction materials
stored in lay-down areas). The permittee shall consider
the use of the following measures (or their equivalents):
flat yard grades; runoff collection in graded swales or
ditches; erosion protection measures at steep outfall sites
(e.g., concrete chutes, riprap, stilling basins); covering
lay-down areas; storing materials indoors; and covering
materials temporarily with polyethylene, polyurethane,
polypropylene, or hypalon. Storm water runon may be
minimized by constructing an enclosure or building a
berm around the area.
b. Comprehensive site compliance evaluation. As part of
the evaluation, qualified facility personnel shall inspect
the following areas on a monthly basis: coal handling
areas, loading/unloading loading and unloading areas,
switchyards, fueling areas, bulk storage areas, ash
handling areas, areas adjacent to disposal ponds and
landfills, maintenance areas, liquid storage tanks, and
long term and short term material storage areas.
D. Numeric effluent limitations. Permittees with point
sources of coal pile runoff associated with steam electric
power generation shall monitor these storm water discharges
for the presence of TSS and for pH at least annually (one time
per year) in accordance with PART Part I A 1 c (2).
E. Benchmark monitoring and reporting requirements.
Steam electric power generating facilities are required to
monitor their storm water discharges for the pollutants of
concern listed in Table 220.
Table 220.
Sector O – Benchmark Monitoring Requirements.
Pollutants of Concern Benchmark Concentration
Steam Electric Generating Facilities (Industrial Activity
Code "SE")
Total Recoverable Iron 1.0 mg/L
9VAC25-151-230. Sector P - Land transportation and
warehousing.
A. Discharges covered under this section. The requirements
listed under this section apply to storm water discharges
associated with industrial activity from ground transportation
facilities and rail transportation facilities (generally identified
by SIC Codes 40, 41, 42, 43, and 5171), that have vehicle and
equipment maintenance shops (vehicle and equipment
rehabilitation, mechanical repairs, painting, fueling and
lubrication) and/or or equipment cleaning operations. Also
covered under this section are facilities found under SIC
Codes 4221 through 4225 (public warehousing and storage)
that do not have vehicle and equipment maintenance shops
and/or or equipment cleaning operations.
B. Special conditions. Prohibition of nonstorm water
discharges. This permit does not authorize the discharge of
vehicle/equipment/surface vehicle, equipment, or surface
washwater, including tank-cleaning operations. Such
discharges must be authorized under a separate VPDES
permit, discharged to a sanitary sewer in accordance with
applicable industrial pretreatment requirements, or recycled
on-site.
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C. Storm water pollution prevention plan requirements. In
addition to the requirements of Part III, the SWPPP shall
include, at a minimum, the following items.
1. Site description. Site Map map. The site map shall
identify the locations of any of the following activities and
indicate whether the activities may be exposed to
precipitation/surface precipitation or surface runoff:
fueling stations; vehicle/equipment vehicle and equipment
maintenance or cleaning areas; storage areas for
vehicle/equipment vehicle and equipment with actual or
potential fluid leaks; loading/unloading loading and
unloading areas; areas where treatment, storage or disposal
of wastes occur; liquid storage tanks; processing areas; and
storage areas.
2. Summary of potential pollutant sources. The plan shall
describe and assess the potential for the following to
contribute pollutants to storm water discharges: on-site
waste storage or disposal; dirt/gravel dirt or gravel parking
areas for vehicles awaiting maintenance; plumbing
connections between shop floor drains and the stormwater
conveyance system; and fueling areas.
3. Storm water controls.
a. Good housekeeping.
(1) Vehicle and equipment storage areas. The storage of
vehicles and equipment awaiting maintenance with actual
or potential fluid leaks shall be confined to designated
areas (delineated on the site map). The permittee shall
consider the following measures (or their equivalents):
the use of drip pans under vehicles and equipment;
indoor storage of vehicles and equipment; installation of
berms or dikes; use of absorbents; roofing or covering
storage areas; and cleaning pavement surface to remove
oil and grease.
(2) Fueling areas. The permittee shall describe and
implement measures that prevent or minimize
contamination of the storm water runoff from fueling
areas. The permittee shall consider the following
measures (or their equivalents): covering the fueling
area; using spill/overflow spill and overflow protection
and cleanup equipment; minimizing storm water
runon/runoff runon and runoff to the fueling area; using
dry cleanup methods; and treating and/or or recycling
collected storm water runoff.
(3) Material storage areas. Storage vessels of all
materials (e.g., for used oil/oil oil or oil filters, spent
solvents, paint wastes, hydraulic fluids) shall be
maintained in good condition, so as to prevent
contamination of storm water, and plainly labeled (e.g.,
"used oil," "spent solvents," etc.). The permittee shall
consider the following measures (or their equivalents):
indoor storage of the materials; installation of
berms/dikes berms and dikes around the areas,
minimizing runoff of storm water to the areas; using dry
cleanup methods; and treating and/or or recycling the
collected storm water runoff.
(4) Vehicle and equipment cleaning areas. The permittee
shall describe and implement measures that prevent or
minimize contamination of storm water runoff from all
areas used for vehicle/equipment vehicle and equipment
cleaning. The permittee shall consider the following
measures (or their equivalents): performing all cleaning
operations indoors; covering the cleaning operation;
ensuring that all washwaters drain to a proper collection
system (i.e., not the storm water drainage system unless
VPDES permitted); and treating and/or or recycling the
collected storm water runoff.
(5) Vehicle and equipment maintenance areas. The
permittee shall describe and implement measures that
prevent or minimize contamination of the storm water
runoff from all areas used for vehicle/equipment vehicle
and equipment maintenance. The permittee shall consider
the following measures (or their equivalents): performing
maintenance activities indoors; using drip pans; keeping
an organized inventory of materials used in the shop;
draining all parts of fluids prior to disposal; prohibiting
wet clean up practices where the practices would result in
the discharge of pollutants to storm water drainage
systems; using dry cleanup methods; treating and/or or
recycling collected storm water runoff; and minimizing
runon/runoff runon and runoff of storm water to
maintenance areas.
(6) Locomotive sanding (loading sand for traction) areas.
The plan shall describe measures that prevent or
minimize contamination of the storm water runoff from
areas used for locomotive sanding. The permittee shall
consider the following measures (or their equivalents):
covering sanding areas; minimizing storm water
runon/runoff runon and runoff; or appropriate sediment
removal practices to minimize the off-site transport of
sanding material by storm water.
b. Routine facility inspections. The following
areas/activities areas and activities shall be included in all
inspections: storage area for vehicles/equipment vehicles
and equipment awaiting maintenance; fueling areas;
indoor and outdoor vehicle/equipment vehicle and
equipment maintenance areas; material storage areas;
vehicle/equipment vehicle and equipment cleaning areas;
and loading/unloading loading and unloading areas.
c. Employee training. Employee training shall take place,
at a minimum, annually (once per calendar year).
Employee training shall address the following as
applicable: used oil and spent solvent management;
fueling procedures; general good housekeeping practices;
proper painting procedures; and used battery
management.
D. Benchmark monitoring and reporting requirements. Land
transportation and warehousing facilities are required to
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monitor their storm water discharges for the pollutants of
concern listed in Table 230.
Table 230.
Sector P - Benchmark Monitoring Requirements.
Pollutants of Concern Benchmark
Concentration
Land Transportation and Warehousing Facilities (SIC 4011,
4013, 4111-4173, 4212-4231, 4311, and 5171)
Total Petroleum Hydrocarbons
(TPH) *
15.0 mg/L
Total Suspended Solids (TSS) 100 mg/L
*Total Petroleum Hydrocarbons shall be analyzed using the
Wisconsin Department of Natural Resources Modified
Diesel Range Organics Method as specified in Wisconsin
publication SW-141 (1995), or by EPA SW-846 Method
8015C for diesel range organics, or by EPA SW-846
Method 8270D. If Method 8270D is used, the lab must
report the combination of diesel range organics and
polynuclear aromatic hydrocarbons (TPH) is the sum of
individual gasoline range organics and diesel range organics
(TPH-GRO and TPH-DRO) to be measured by EPA SW
846 Method 8015 for gasoline and diesel range organics, or
by EPA SW 846 Methods 8260 Extended and 8270
Extended.
9VAC25-151-240. Sector Q - Water transportation.
A. Discharges covered under this section. The requirements
listed under this section apply to storm water discharges
associated with industrial activity from water transportation
facilities (generally identified by SIC Major Group 44), that
have vehicle (vessel) maintenance shops and/or or equipment
cleaning operations. The water transportation industry
includes facilities engaged in foreign or domestic transport of
freight or passengers in deep sea or inland waters; marine
cargo handling operations; ferry operations; towing and
tugboat services; and marinas.
B. Special conditions. Prohibition of nonstorm water
discharges. In addition to the general nonstorm water
prohibition in Part I B 1, the following discharges are not
covered by this permit: bilge and ballast water, sanitary
wastes, pressure wash water, and cooling water originating
from vessels.
C. Storm water pollution prevention plan requirements. In
addition to the requirements of Part III, the SWPPP shall
include, at a minimum, the following items.
1. Site description.
a. Site map. The site map shall identify the locations
where any of the following activities may be exposed to
precipitation/surface precipitation or surface runoff:
fueling; engine maintenance/repair maintenance or
repair; vessel maintenance/repair, maintenance or repair;
pressure washing; painting; sanding; blasting; welding;
metal fabrication; loading/unloading loading and
unloading areas; locations used for the treatment, storage
or disposal of wastes; liquid storage tanks; liquid storage
areas (e.g., paint, solvents, resins); and material storage
areas (e.g., blasting media, aluminum, steel, scrap iron).
b. Summary of potential pollutant sources. The plan shall
describe the following additional sources and activities
that have potential pollutants associated with them:
outdoor manufacturing or processing activities (i.e.,
welding, metal fabricating); and significant dust or
particulate generating processes (e.g., abrasive blasting,
sanding, painting).
2. Storm water controls.
a. Good housekeeping.
(1) Pressure washing area. If pressure washing is used to
remove marine growth from vessels, the discharge water
must be permitted by a separate VPDES permit. The
SWPPP shall describe: the measures to collect or contain
the discharge from the pressure washing area; the method
for the removal of the visible solids; the methods of
disposal of the collected solids; and where the discharge
will be released. As defined by this permit, process
wastewater related to hull work at water transportation
facilities shall be any water used on a vessel's hull for
any purpose, regardless of application pressure, including
but not limited to the activities of removing marine salts,
sediments, marine growth and paint, or other hull,
weather deck, or superstructure cleaning activities using
water, such as preparing those areas for inspection or
work (cutting, welding, grinding, coating, etc.). The
discharge water shall be permitted as a process
wastewater by a separate VPDES permit.
(2) Blasting and painting areas. The permittee shall
describe and implement measures to prevent spent
abrasives, paint chips, and overspray from discharging
into the receiving water or the storm sewer system. The
permittee may consider containing all blasting/painting
blasting or painting activities, or the use of other
measures to prevent or minimize the discharge of
contaminants (e.g., hanging plastic barriers or tarpaulins
during blasting or painting operations to contain debris).
Storm water conveyances shall be regularly cleaned to
remove deposits of abrasive blasting debris and paint
chips. The plan shall include any standard operating
practices with regard to blasting and painting activities,
such as the prohibition of uncontained blasting/painting
blasting or painting over open water, or the prohibition of
blasting/painting blasting or painting during windy
conditions which can render containment ineffective.
(3) Material storage areas. All containerized materials
(e.g., fuels, paints, solvents, waste oil, antifreeze,
batteries) shall be plainly labeled and stored in a
protected, secure location away from drains. The
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permittee shall describe and implement measures to
prevent or minimize the contamination of
precipitation/surface precipitation or surface runoff from
the storage areas. The plan shall specify which materials
are stored indoors and consider containment or enclosure
for materials that are stored outdoors. The permittee shall
consider implementing an inventory control plan to limit
the presence of potentially hazardous materials on-site.
Where abrasive blasting is performed, the plan shall
specifically include a discussion on the storage and
disposal of spent abrasive materials generated at the
facility.
(4) Engine maintenance and repair areas. The permittee
shall describe and implement measures to prevent or
minimize contamination of precipitation/surface
precipitation or surface runoff from all areas used for
engine maintenance and repair. The permittee shall
consider the following measures (or their equivalent):
performing all maintenance activities indoors;
maintaining an organized inventory of materials used in
the shop; draining all parts of fluids prior to disposal;
prohibiting the practice of hosing down the shop floor
using dry cleanup methods; and treating and/or or
recycling storm water runoff collected from the
maintenance area.
(5) Material handling areas. The permittee shall describe
and implement measures to prevent or minimize
contamination of precipitation/surface precipitation or
surface runoff from material handling operations and
areas (e.g., fueling, paint and solvent mixing, disposal of
process wastewater streams from vessels). The permittee
shall consider the following measures (or their
equivalents): covering fueling areas; using spill/overflow
spill and overflow protection; mixing paints and solvents
in a designated area (preferably indoors or under a shed);
and minimizing runon of storm water to material
handling areas.
(6) Drydock activities. The plan shall address the routine
maintenance and cleaning of the drydock to minimize the
potential for pollutants in the storm water runoff. The
plan shall describe the procedures for cleaning the
accessible areas of the drydock prior to flooding and final
cleanup after the vessel is removed and the dock is
raised. Cleanup procedures for oil, grease, or fuel spills
occurring on the drydock shall also be included within
the plan. The permittee shall consider the following
measures (or their equivalents): sweeping rather than
hosing off debris/spent debris and spent blasting material
from the accessible areas of the drydock prior to
flooding; and having absorbent materials and oil
containment booms readily available to contain/cleanup
contain or cleanup any spills.
(7) General yard area. The plan shall include a schedule
for routine yard maintenance and cleanup. Scrap metal,
wood, plastic, miscellaneous trash, paper, glass,
industrial scrap, insulation, welding rods, packaging, etc.,
shall be routinely removed from the general yard area.
b. Preventative Maintenance. As part of the facility's
preventive maintenance program, storm water
management devices shall be inspected and maintained
in a timely manner (e.g., oil/water separators and
sediment traps cleaned to ensure that spent abrasives,
paint chips and solids are intercepted and retained prior
to entering the storm drainage system). Facility
equipment and systems shall also be inspected and tested
to uncover conditions that could cause breakdowns or
failures resulting in discharges of pollutants to surface
waters.
c. Routine facility inspections. The following areas shall
be included in all monthly quarterly inspections: pressure
washing area; blasting, sanding, and painting areas;
material storage areas; engine maintenance and repair
areas; material handling areas; drydock area; and general
yard area. The requirement for routine facility
inspections is waived for facilities that have maintained
an active VEEP E3/E4 status.
d. Employee training. Training shall address, at a
minimum, the following activities (as applicable): used
oil management; spent solvent management; disposal of
spent abrasives; disposal of vessel wastewaters; spill
prevention and control; fueling procedures; general good
housekeeping practices; painting and blasting
procedures; and used battery management.
e. Comprehensive site compliance evaluation. The
permittee shall conduct regularly scheduled evaluations
at least once a year and address those areas contributing
to a storm water discharge associated with industrial
activity (e.g., pressure washing area, blasting/sanding
areas, painting areas, material storage areas, engine
maintenance/repair areas, material handling areas, and
drydock area). These sources shall be inspected for
evidence of, or the potential for, pollutants entering the
drainage system.
D. Benchmark monitoring and reporting requirements.
Water transportation facilities are required to monitor their
storm water discharges for the pollutants of concern listed in
Table 240.
Table 240.
Sector Q – Benchmark Monitoring Requirements.
Pollutants of Concern Benchmark
Concentration
Water Transportation Facilities (SIC 4412-4499)
Total Recoverable Aluminum 750 μg/L
Total Recoverable Iron 1.0 mg/L
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Total Suspended Solids (TSS) 100 mg/L
Total Recoverable Copper 18 μg/L
Total Recoverable Zinc 120 μg/L
9VAC25-151-250. Sector R - Ship and boat building or
repair yards.
A. Discharges covered under this section. The requirements
listed under this section apply to storm water discharges
associated with industrial activity from facilities engaged in
ship building and repairing and boat building and repairing
(SIC Code 373). (According to the U.S. Coast Guard, a vessel
65 feet or greater in length is referred to as a ship and a vessel
smaller than 65 feet is a boat.)
B. Special conditions. Prohibition of nonstorm water
discharges. In addition to the general nonstorm water
prohibition in Part I B 1, the following discharges are not
covered by this permit: bilge and ballast water, pressure wash
water, sanitary wastes, and cooling water originating from
vessels.
C. Storm water pollution prevention plan requirements. In
addition to the requirements of Part III, the SWPPP shall
include, at a minimum, the following items.
1. Site description.
a. Site map. The site map shall identify the locations
where any of the following activities may be exposed to
precipitation/surface precipitation or surface runoff:
fueling; engine maintenance/repair maintenance or
repair; vessel maintenance/repair maintenance or repair;
pressure washing; painting; sanding; blasting; welding;
metal fabrication; loading/unloading loading and
unloading areas; locations used for the treatment, storage
or disposal of wastes; liquid storage tanks; liquid storage
areas (e.g., paint, solvents, resins); and material storage
areas (e.g., blasting media, aluminum, steel, scrap iron).
b. Potential pollutant sources. The plan shall include a
description of the following additional sources and
activities that have potential pollutants associated with
them (if applicable): outdoor manufacturing/processing
manufacturing and processing activities (e.g., welding,
metal fabricating); and significant dust/particulate dust
and particulate generating processes (e.g., abrasive
blasting, sanding, painting).
2. Storm water controls.
a. Good housekeeping measures.
(1) Pressure washing area. If pressure washing is used to
remove marine growth from vessels, the discharge water
must be permitted as a process wastewater by a separate
VPDES permit. As defined by this permit, process
wastewater related to hull work at ship and boat building
or repair yard facilities shall be any water used on a
vessel's hull for any purpose, regardless of application
pressure, including but not limited to the activities of
removing marine salts, sediments, marine growth and
paint, or other hull, weather deck, or superstructure
cleaning activities using water, such as preparing those
areas for inspection or work (cutting, welding, grinding,
coating, etc.). The discharge water shall be permitted as a
process wastewater by a separate VPDES permit.
(2) Blasting and painting areas. The permittee shall
describe and implement measures to prevent spent
abrasives, paint chips and overspray from discharging
into the receiving waterbody or the storm sewer system.
To prevent the discharge of contaminants, the permittee
shall consider containing all blasting/painting blasting
and painting activities or using other methods, such as
hanging plastic barriers or tarpaulins during blasting or
painting operations to contain debris. The plan shall
include a schedule for regularly cleaning storm systems
to remove deposits of abrasive blasting debris and paint
chips. The plan shall include any standard operating
practices with regard to blasting and painting activities,
such as the prohibition of uncontained blasting/painting
blasting or painting over open water or the prohibition of
blasting/painting blasting or painting during windy
conditions that can render containment ineffective.
(3) Material storage areas. All containerized materials
(fuels, paints, solvents, waste oil, antifreeze, batteries)
shall be plainly labeled and stored in a protected, secure
location away from drains. The permittee shall describe
and implement measures to prevent or minimize
contamination of precipitation/surface precipitation or
surface runoff from the storage areas. [ The plan shall
specify which materials are stored indoors and consider
containment or enclosure for materials that are stored
outdoors. ] The permittee shall consider implementing an
inventory control plan to limit the presence of potentially
hazardous materials on-site. Where abrasive blasting is
performed, the plan shall specifically include a
discussion on the storage and disposal of spent abrasive
materials generated at the facility.
(4) Engine maintenance and repair areas. The permittee
shall describe and implement measures to prevent or
minimize contamination of precipitation/surface
precipitation or surface runoff from all areas used for
engine maintenance and repair. The permittee shall
consider the following measures (or their equivalent):
performing all maintenance activities indoors;
maintaining an organized inventory of materials used in
the shop; draining all parts of fluids prior to disposal;
prohibiting the practice of hosing down the shop floor;
using dry cleanup methods; and treating and/or or
recycling storm water runoff collected from the
maintenance area.
(5) Material handling areas. The permittee shall describe
and implement measures to prevent or minimize
contamination of precipitation/surface precipitation or
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surface runoff from material handling operations and
areas (e.g., fueling, paint and solvent mixing, disposal of
process wastewater streams from vessels). The permittee
shall consider the following methods (or their
equivalents): covering fueling areas; using spill/overflow
spill and overflow protection; mixing paints and solvents
in a designated area (preferably indoors or under a shed);
and minimizing runon of storm water to material
handling areas.
(6) Drydock activities. The plan shall address the routine
maintenance and cleaning of the drydock to minimize the
potential for pollutants in the storm water runoff. The
plan shall describe the procedures for cleaning the
accessible areas of the drydock prior to flooding and final
cleanup after the vessel is removed and the dock is
raised. Cleanup procedures for oil, grease, or fuel spills
occurring on the drydock shall also be included within
the plan. The permittee shall consider the following
measures (or their equivalents): sweeping rather than
hosing off debris/spent debris and spent blasting material
from the accessible areas of the drydock prior to flooding
and having absorbent materials and oil containment
booms readily available to contain/cleanup contain or
cleanup any spills.
(7) General yard area. The plan shall include a schedule
for routine yard maintenance and cleanup. Scrap metal,
wood, plastic, miscellaneous trash, paper, glass,
industrial scrap, insulation, welding rods, packaging, etc.,
shall be routinely removed from the general yard area.
b. Preventative maintenance. As part of the facility's
preventive maintenance program, storm water
management devices shall be inspected and maintained
in a timely manner (e.g., oil/water separators and
sediment traps cleaned to ensure that spent abrasives,
paint chips and solids are intercepted and retained prior
to entering the storm drainage system). Facility
equipment and systems shall also be inspected and tested
to uncover conditions that could cause breakdowns or
failures resulting in discharges of pollutants to surface
waters.
c. Routine facility inspections. The following areas shall
be included in all monthly quarterly routine [ facility ]
inspections: pressure washing area; blasting, sanding, and
painting areas; material storage areas; engine
maintenance/repair maintenance or repair areas; material
handling areas; drydock area; and general yard area. The
requirement for routine facility inspections is waived for
facilities that have maintained an active VEEP E3/E4
status.
d. Employee training. Training shall address, at a
minimum, the following activities (as applicable): used
oil management; spent solvent management; proper
disposal of spent abrasives; proper disposal of vessel
wastewaters, spill prevention and control; fueling
procedures; general good housekeeping practices;
painting and blasting procedures; and used battery
management.
e. Comprehensive site compliance evaluation. The
permittee shall conduct regularly scheduled evaluations
at least once a year and address those areas contributing
to a storm water discharge associated with industrial
activity (e.g., pressure washing area, blasting/sanding
areas, painting areas, material storage areas, engine
maintenance/repair areas, material handling areas, and
drydock area). These areas shall be inspected for
evidence of, or the potential for, pollutants entering the
drainage system.
D. Benchmark monitoring and reporting requirements. Ship
and boat building or repairing yards are required to monitor
their storm water discharges for the pollutants of concern
listed in Table 250.
Table 250.
Sector R - Benchmark Monitoring Requirements.
Pollutants of Concern Benchmark
Concentration
Ship and Boat Building or Repairing Yards (SIC 3731,
3732)
Total Suspended Solids
(TSS)
100 mg/L
Total Recoverable Copper 18 μg/L
Total Recoverable Zinc 120 μg/L
9VAC25-151-260. Sector S - Air transportation.
A. Discharges covered under this section. The requirements
listed under this section apply to storm water discharges
associated with industrial activity from air transportation
facilities including airports, airport terminal services, air
transportation (scheduled and nonscheduled), flying fields, air
courier services, and establishments engaged in operating and
maintaining airports, and servicing, repairing or maintaining
aircraft (generally classified under SIC Code 45), which have
vehicle maintenance shops, material handling facilities,
equipment cleaning operations, or airport and/or or aircraft
deicing/anti-icing deicing or anti-icing operations. For the
purpose of this section, the term "deicing" is defined as the
process to remove frost, snow, or ice and "anti-icing" is the
process which prevents the accumulation of frost, snow, or
ice. Only those portions of the facility that are either involved
in vehicle maintenance (including vehicle rehabilitation,
mechanical repairs, painting, fueling, and lubrication),
equipment cleaning operations, or deicing/anti-icing deicing
or anti-icing operations are addressed under this section.
B. Special definitions. The following definitions are only for
this section of the general permit:
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"Aircraft deicing fluid" or "ADF" means a fluid (other than
hot water) applied to aircraft to remove or prevent any
accumulation of snow or ice on the aircraft. This includes
deicing and anti-icing fluids.
"Airfield pavement" means all paved surfaces on the airside
of an airport.
"Airside" means the part of an airport directly involved in
the arrival and departure of aircraft, including runways,
taxiways, aprons, and ramps.
"Annual non-propeller aircraft departures" means the
average number of commercial turbine-engine aircraft that are
propelled by jet (i.e., turbojet or turbofan) that take off from
an airport on an annual basis, as tabulated by the Federal
Aviation Administration (FAA).
"Available ADF" means 75% of the normalized Type I
aircraft deicing fluid and 10% of the normalized Type IV
aircraft deicing fluid, excluding aircraft deicing fluids used
for defrosting or deicing for safe taxiing.
"Collection requirement" means, for new sources, the
requirement for permittee to collect available ADF.
"Defrosting" means the removal of frost contamination from
an aircraft when there has been no active precipitation.
"Deicing" mean procedures and practices to remove or
prevent any accumulation of snow or ice on:
[ (1) 1. ] An aircraft; or
[ (2) 2. ] Airfield pavement.
"Normalized Type I or Type IV aircraft deicing fluid" means
ADF less any water added by the manufacturer or customer
before ADF application.
"Primary airport" means an airport defined at 49 USC
§ 47102 (15).
C. Special conditions. 1. Prohibition of nonstorm water
discharges. In addition to the general nonstorm water
prohibition in Part I B 1, the following discharges are not
covered by this permit: aircraft, ground vehicle, runway and
equipment washwaters, and dry weather discharges of
deicing/anti-icing deicing or anti-icing chemicals. These
discharges must be covered by a separate VPDES permit.
Note: Discharge resulting from snowmelt is not a dry weather
discharge.
2. Releases of reportable quantities of hazardous
substances and oil. Each individual permittee is required to
report spills as described at Part I B 3. If an airport
authority is the sole permittee, then the sum total of all
spills at the airport shall be assessed against the reportable
quantity. If the airport authority is a copermittee with other
deicing/anti-icing operators at the airport, such as
numerous different airlines, the assessed amount shall be
the summation of spills by each copermittee. If separate,
distinct individual permittees exist at the airport, then the
amount spilled by each separate permittee shall be the
assessed amount for the reportable quantity determination.
C. D. Storm water pollution prevention plan requirements.
SWPPPs developed for areas of the facility occupied by
tenants of the airport shall be integrated with the plan for the
entire airport. For the purposes of this permit, tenants of the
airport facility include .airline passenger or cargo companies,
fixed based operators and other parties who have contracts
with the airport authority to conduct business operations on
airport property and whose operations result in storm water
discharges associated with industrial activity. In addition to
the requirements of Part III, the SWPPP shall include, at a
minimum, the following items.
1. Site description.
a. Site map. The site map shall identify the location of
the following activities and indicate any of the activities
that may be exposed to precipitation/surface precipitation
or surface runoff: aircraft and runway deicing/anti-icing
deicing or anti-icing operations; fueling stations; aircraft,
ground vehicle and equipment maintenance/cleaning
maintenance and cleaning areas; and storage areas for
aircraft, ground vehicles and equipment awaiting
maintenance.
b. Summary of potential pollutant sources. The plan shall
include a narrative description of the potential pollutant
sources from the following activities: aircraft, runway,
ground vehicle and equipment maintenance and cleaning;
aircraft and runway deicing/anti-icing deicing or anti-
icing operations (including apron and centralized aircraft
deicing/anti-icing deicing or anti-icing stations, runways,
taxiways, and ramps). Facilities which conduct
deicing/anti-icing deicing or anti-icing operations shall
maintain a record of the types (including the Material
Safety Data Sheets (MSDS)) safety data sheets (SDS))
and monthly quantities of deicing/anti-icing deicing or
anti-icing chemicals used, either as measured amounts, or
in the absence of metering, as estimated amounts. This
includes all deicing/anti-icing deicing or anti-icing
chemicals, not just glycols and urea (e.g., potassium
acetate). Tenants and fixed-base operators who conduct
deicing/anti-icing deicing or anti-icing operations shall
provide the above information to the airport authority for
inclusion in the storm water pollution prevention plan for
the entire facility.
c. Deicing season. The SWPPP shall define the average
seasonal timeframe (e.g., December-February, October-
March, etc.) during which deicing activities typically
occur at the facility. Implementation of [ control
measures, including any ] BMPs, facility inspections, and
effluent limitation monitoring shall be conducted with
particular emphasis throughout the defined deicing
season.
2. Storm water controls.
a. Good housekeeping.
(1) Aircraft, ground vehicle and equipment maintenance
areas. The permittee shall describe and implement
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measures that prevent or minimize the contamination of
storm water runoff from all areas used for aircraft,
ground vehicle and equipment maintenance (including
the maintenance conducted on the terminal apron and in
dedicated hangars). [ The following practices
Appropriate control measures ] (or their equivalents)
shall be [ considered implemented, such as the following
practices ]: performing maintenance activities indoors;
maintaining an organized inventory of materials used in
the maintenance areas; draining all parts of fluids prior to
disposal; preventing the practice of hosing down the
apron or hangar floor; using dry cleanup methods; and
collecting the storm water runoff from the maintenance
area and providing treatment or recycling.
(2) Aircraft, ground vehicle and equipment cleaning
areas. Permittees shall ensure that cleaning of equipment
is conducted in designated areas only and clearly identify
these areas on the ground and delineate them on the site
map. The permittee shall describe and implement
measures that prevent or minimize the contamination of
the storm water runoff from cleaning areas.
(3) Aircraft, ground vehicle and equipment storage areas.
The storage of aircraft, ground vehicles and equipment
awaiting maintenance shall be confined to designated
areas (delineated on the site map). [ The following
Appropriate control measures, including any ] BMPs (or
their equivalents) shall be [ considered implemented,
such as the following practices ]: indoor storage of
aircraft and ground vehicles; the use of drip pans for the
collection of fluid leaks; and perimeter drains, dikes or
berms surrounding storage areas.
(4) Material storage areas. Storage vessels of all
materials (e.g., used oils, hydraulic fluids, spent solvents,
and waste aircraft fuel) shall be maintained in good
condition, so as to prevent or minimize contamination of
storm water, and plainly labeled (e.g., "used oil,"
"Contaminated Jet A," etc.). The permittee shall describe
and implement measures that prevent or minimize
contamination of precipitation/runoff precipitation or
runoff from storage areas. [ The following BMPs or
Appropriate control measures (or ] their equivalents [ ) ]
shall be [ considered implemented, such as the following
practices ]: indoor storage of materials; centralized
storage areas for waste materials; and installation of
berms/dikes berms and dikes around storage areas.
(5) Airport fuel system and fueling areas. The permittee
shall describe and implement measures that prevent or
minimize the discharge of fuels to the storm
sewer/surface sewer or surface waters resulting from fuel
servicing activities or other operations conducted in
support of the airport fuel system. [ The following BMPs
Appropriate control measures ] (or their equivalents)
shall be [ considered implemented, such as the following
practices ]: implementing spill and overflow practices
(e.g., placing absorptive materials beneath aircraft during
fueling operations); using dry cleanup methods; and
collecting the storm water runoff.
b. Source reduction. [ Owners who conduct deicing/anti-
icing deicing or anti-icing operations The permittee ]
shall [ consider alternatives to minimize, and where
practicable eliminate, ] the use of urea and glycol-based
deicing/anti-icing deicing or anti-icing chemicals [ in
order ] to reduce the aggregate amount of deicing/anti-
icing deicing or anti-icing chemicals used and/or and
lessen the environmental impact. Chemical options to
replace ethylene glycol, propylene glycol and urea
include: potassium acetate; magnesium acetate; calcium
acetate; anhydrous sodium acetate.
(1) Runway deicing operations. [ Owners The permittee
shall minimize contamination of stormwater runoff from
runways as a result of deicing operations. The permittee ]
shall evaluate present application rates to ensure against
excessive over application by analyzing application rates
and adjusting as necessary, consistent with
considerations of flight safety. [ Also the following BMP
options Appropriate control measures, (or their
equivalents) ] shall be [ considered (or their equivalents)
implemented, such as the following practices ]: metered
application of chemicals; prewetting dry chemical
constituents prior to application; installation of runway
ice detection systems; implementing anti-icing operations
as a preventive measure against ice buildup.
(2) Aircraft deicing/anti-icing deicing operations.
[ Owners The permittee shall minimize contamination of
stormwater runoff from aircraft deicing operations. The
permittee ] shall determine whether excessive application
of deicing/anti-icing deicing chemicals occurs, and adjust
as necessary, consistent with considerations of flight
safety. This evaluation shall be carried out by the
personnel most familiar with the particular aircraft and
flight operations in question (versus an outside entity
such as the airport authority). The use of alternative
deicing/anti-icing deicing or anti-icing agents as well as
containment measures for all applied chemicals shall be
considered. [ Also, the following BMP options
Appropriate control measures ] (or their equivalents)
shall be [ considered implemented ] for reducing deicing
fluid use [ , such as the following practices ]: forced-air
deicing systems; computer-controlled fixed-gantry
systems; infrared technology; hot water; varying glycol
content to air temperature; enclosed-basket deicing
trucks; mechanical methods; solar radiation; hangar
storage; aircraft covers; and thermal blankets for MD-80s
and DC-9s. The use of ice-detection systems and airport
traffic flow strategies and departure slot allocation
systems shall also be considered [ where practicable ].
c. Management of runoff. Where deicing/anti-icing
deicing operations occur, [ owners shall describe and the
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permittee shall ] implement a program to control or
manage contaminated runoff to [ reduce minimize ] the
amount of pollutants being discharged from the site. The
plan shall describe the controls used for collecting or
containing contaminated melt water from collection areas
used for disposal of contaminated snow. The following
[ BMPs control measure options ] (or their equivalents)
shall be considered: establishing a dedicated deicing
facility with a runoff collection/recovery collection and
recovery system; using vacuum/collection vacuum or
collection trucks; storing contaminated storm
water/deicing water or deicing fluids in tanks and
releasing controlled amounts to a publicly owned
treatment works; collecting contaminated runoff in a wet
pond for biochemical decomposition (be aware of
attracting wildlife that may prove hazardous to flight
operations); and directing runoff into vegetative swales
or other infiltration measures. The plan shall consider the
recovery of deicing/anti-icing deicing and anti-icing
materials when these materials are applied during
nonprecipitation events (e.g., covering storm sewer
inlets, using booms, installing absorptive interceptors in
the drains, etc.) to prevent these materials from later
becoming a source of storm water contamination. Used
deicing fluid shall be recycled whenever possible.
d. Routine facility inspections. The inspection frequency
shall be specified in the plan. At a minimum, inspections
shall be conducted once per month during deicing/anti-
icing deicing and anti-icing season (e.g., October through
April for most airports). If deicing occurs before or after
this period, the inspections shall be expanded to include
all months during which deicing chemicals may be used.
Also, if significantly or deleteriously large quantities of
deicing chemicals are being spilled or discharged, or if
water quality impacts have been reported, the inspection
frequency shall be increased to weekly until such time as
the chemical spills/discharges or impacts are reduced to
acceptable levels. The director may specifically require
increased inspections and the SWPPP to be reevaluated
as necessary.
[ e. Comprehensive site compliance evaluation. The
annual site compliance evaluations shall be conducted by
qualified facility personnel during periods of actual
deicing operations, if possible. If not practicable during
active deicing or if the weather is too inclement, the
evaluations shall be conducted when deicing operations
are likely to occur and the materials and equipment for
deicing are in place. ]
D. Benchmark monitoring and reporting requirements.
Airports that use more than 100,000 gallons of glycol-based
deicing/anti-icing chemicals and/or 100 tons or more of urea
on an average annual basis shall sample their storm water
discharges for the parameters listed in Table 260. Only those
outfalls from the airport facility that collect runoff from areas
where deicing/anti-icing activities occur shall be monitored.
Table 260.
Sector S – Benchmark Monitoring Requirements.
Pollutants of Concern Benchmark
Concentration
Facilities at airports that use more than 100,000 gallons of
glycol-based deicing/anti-icing chemicals and/or 100 tons
or more of urea on an average annual basis: monitor ONLY
those outfalls from the airport facility that collect runoff
from areas where deicing/anti-icing activities occur (SIC
45).
Biochemical Oxygen Demand
(BOD5)
30 mg/L
Chemical Oxygen Demand (COD) 120 mg/L
Total Kjeldahl Nitrogen (TKN) 1.5 mg/L
pH within the range 6.0
to 9 s.u.
Total Suspended Solids (TSS) 100 mg/L
E. Numeric effluent limitations. The average deicing season
identified in the SWPPP is the time frame during which any
effluent limitation monitoring samples shall be obtained.
1. Airfield pavement deicing. Existing [ primary airports ]
and [ new primary airports meeting the definition of a new
source (new ] primary airports [ ) ] with at least 1,000
annual jet departures (non-propeller aircraft) that [ have
discharges discharge wastewater ] associated with airport
pavement deicing comingled with storm water shall either
use [ airfield ] deicing products that do not contain urea or
alternatively, airfield pavement discharges at every
discharge point shall achieve the numeric limitations for
ammonia in Table 260-1, prior to any dilution or
commingling with any non-deicing discharge. [ Primary
airports that only use deicing products that do not contain
urea shall certify this fact annually to the board. The
certification shall be signed in accordance with Part II K,
and a copy of the certification shall be kept with the
SWPPP. ]
Table 260-1
Sector S – Numeric Effluent Limitations, Existing and New
Primary Airports
Airfield Pavement Deicing
Parameter Effluent Limitations - Daily
Maximum
Ammonia as Nitrogen 14.7 mg/L
2. Aircraft deicing. Airports [ in cold climate zones ]
meeting the definition of a new source (new airports) with
10,000 annual departures, [ and located in cold climate
zones, ] shall collect at least 60% of available ADF after
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deicing. New airports shall achieve the performance
standards in Table 260-2 for available ADF collected. The
limitation shall be met at the location where the effluent
leaves the on-site treatment system utilized for meeting
these requirements and before commingling with any non-
deicing discharge.
Table 260-2
Sector S – Numeric Effluent Limitations, New Primary
Airports
Aircraft Deicing
Parameter
Effluent Limitations
Daily
Maximum
Weekly
Average
Chemical Oxygen
Demand (COD)
271 mg/L 154 mg/L
3. Monitoring, reporting, and recordkeeping
requirements. [ New airports subject to the effluent
limitations in subdivision 2 of this subsection shall comply
with the monitoring, reporting, and recordkeeping
requirements outlined in 40 CFR 449.20(a)(1) and
40 CFR449.20 (a) (2).
a. Demonstrating compliance with the ADF collection
requirement for dischargers subject to the requirements
in subdivision 2 of this subsection.
(1) The permittee shall maintain records with the SWPPP
to demonstrate that the airport is operating and
maintaining one or more centralized deicing pads and
shall certify this annually to the board. The certification
shall be signed in accordance with Part II K, and a copy
of the certification shall be kept with the SWPPP.
The centralized deicing pad technology shall be operated
and maintained according to the technical specifications
set forth in subdivisions 3 a (1) (a) through (d) of this
subsection. The demonstration and valid certification are
sufficient to meet the applicable collection requirement
without the permittee having to determine the numeric
percentage of available ADF collected.
(a) Each centralized deicing pad shall be sized and sited
in accordance with all applicable Federal Aviation
Administration advisory circulars.
(b) Drainage valves associated with the centralized
deicing pad shall be activated before deicing activities
commence to collect available ADF.
(c) The centralized deicing pad and associated collection
equipment shall be installed and maintained per any
applicable manufacturers' instructions and shall be
inspected, at a minimum, at the beginning of each
deicing season to ensure that the pad and associated
equipment are in working condition.
(d) All aircraft deicing shall take place on a centralized
deicing pad, with the exception of defrosting and deicing
for safe taxiing.
(2) The permittee shall maintain records with the SWPPP
on the volume of ADF sprayed and the amount of
available ADF collected in order to determine
compliance with the collection requirement and shall
report this information annually to the department.
b. Monitoring requirements.
(1) COD limitation. Permittees subject to the ADF
collection and discharge requirements specified in
subdivision 2 of this subsection shall conduct effluent
monitoring to demonstrate compliance with the COD
limitation for all ADF that is collected.
Compliance shall be demonstrated at the location where
the effluent leaves the on-site treatment system utilized
for meeting these requirements and before commingling
with any non-deicing discharge. Effluent samples shall
be collected following the grab sample protocol in
40 CFR 449, Appendix A.
(2) Ammonia limitation. If a permittee chooses to
comply with the compliance alternative specified in
subdivision 1 of this subsection, the permittee shall
conduct effluent monitoring at all locations where
pavement deicing with a product that contains urea is
occurring, prior to any dilution or commingling with any
non-deicing discharge.
c. Recordkeeping.
(1) The permittee shall maintain records with the SWPPP
documenting compliance with subdivisions 3 a and 3 b of
this subsection. These records include, but are not limited
to, documentation of wastewater samples collected and
analyzed, certifications, and equipment maintenance
schedules and agreements.
(2) The permittee shall collect and maintain data with the
SWPPP on the annual volume of ADF used. ]
F. Benchmark monitoring and reporting requirements. Storm
water discharges from those portions of air transportation
facilities where vehicle maintenance (including vehicle
rehabilitation, mechanical repairs, painting, fueling, and
lubrication) [ , ] and equipment cleaning is performed shall be
sampled for the parameters listed in Table 260-3. Note: The
benchmark monitoring requirements apply year round and are
not limited to the deicing season.
Table 260-3
Sector S – Benchmark Monitoring Requirements
Pollutants of Concern Benchmark
Concentration
Air Transportation Facilities (SIC 45).
Total Suspended Solids (TSS) 100 mg/L
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Total Petroleum Hydrocarbons
(TPH)*
15.0 mg/L
*Total Petroleum Hydrocarbons (TPH) is the sum of
individual gasoline range organics and diesel range organics
(TPH-GRO and TPH-DRO) to be measured by EPA SW
846 Method 8015 for gasoline and diesel range organics, or
by EPA SW 846 Methods 8260 Extended and 8270
Extended.
9VAC25-151-270. Sector T - Treatment works.
A. Discharges covered under this section. The requirements
listed under this section apply to storm water discharges
associated with industrial activity from treatment works
treating domestic sewage or any other sewage sludge or
wastewater treatment device or system, used in the storage,
treatment, recycling, and reclamation of municipal or
domestic sewage, including lands dedicated to the disposal of
sewage sludge that are located within the confines of the
facility with a design flow of 1.0 MGD or more, or required
to have an approved pretreatment program under 9VAC25-
31-730 (Industrial Activity Code "TW"). Farm lands,
domestic gardens or lands used for sludge management where
sludge is beneficially reused and that are not physically
located within the facility, or areas that are in compliance
with § 405 of the CWA are not required to have permit
coverage.
B. Special conditions. Prohibition of nonstorm water
discharges. In addition to the general nonstorm water
prohibition in Part I B 1, the following discharges are not
covered by this permit: sanitary and industrial wastewater;
and equipment/vehicle equipment and vehicle washwaters.
C. Storm water pollution prevention plan requirements. In
addition to the requirements of Part III, the SWPPP shall
include, at a minimum, the following items.
1. Site description.
a. Site map. The site map shall identify where any of the
following may be exposed to precipitation/surface
precipitation or surface runoff: grit, screenings, and other
solids handling, storage, or disposal areas; sludge drying
beds; dried sludge piles; compost piles; septage or hauled
waste receiving station; and storage areas for process
chemicals, petroleum products, solvents, fertilizers,
herbicides, and pesticides.
b. Summary of potential pollutant sources. The plan shall
include a description of the potential pollutant sources
from the following activities, as applicable: grit,
screenings, and other solids handling, storage, or disposal
areas; sludge drying beds; dried sludge piles; compost
piles; septage or hauled waste receiving station; and
access roads/rail roads and rail lines.
2. Storm water controls.
a. Best Management Practices (BMPs) Control measures.
In addition to the other BMPs control measures
[ considered required by Part III B 4 ], the following
BMPs measures shall be considered: routing storm water
to the treatment works; or covering exposed materials
(i.e., from the following areas: grit, screenings, and other
solids handling, storage, or disposal areas; sludge drying
beds; dried sludge piles; compost piles; septage or hauled
waste receiving station).
b. Inspections. The following areas shall be included in
all inspections: access roads/rail roads and rail lines, grit,
screenings, and other solids handling, storage, or disposal
areas; sludge drying beds; dried sludge piles; compost
piles; septage or hauled waste receiving station areas.
c. Employee training. Employee training shall, at a
minimum, address the following areas when applicable to
a facility: petroleum product management; process
chemical management; spill prevention and control;
fueling procedures; general good housekeeping practices;
proper procedures for using fertilizers, herbicides and
pesticides.
9VAC25-151-280. Sector U - Food and kindred products.
A. Discharges covered under this section. The requirements
listed under this section apply to storm water discharges
associated with industrial activity from food and kindred
products processing facilities (commonly identified by SIC
Code 20), including: meat products; dairy products; canned,
frozen and preserved fruits, vegetables, and food specialties;
grain mill products; bakery products; sugar and confectionery
products; fats and oils; beverages; and miscellaneous food
preparations and kindred products and tobacco products
manufacturing (SIC Code 21).
B. Special conditions. Prohibition of nonstorm water
discharges. In addition to the general nonstorm water
prohibition in Part I B 1, the following discharges are not
covered by this permit: boiler blowdown, cooling tower
overflow and blowdown, ammonia refrigeration purging, and
vehicle washing/clean-out washing and clean-out operations.
C. Storm water pollution prevention plan requirements. In
addition to the requirements of Part III, the SWPPP shall
include, at a minimum, the following items.
1. Site description.
a. Site map. The site map shall identify the locations of
the following activities if they are exposed to
precipitation/surface precipitation or surface runoff:
vents/stacks vents and stacks from cooking, drying, and
similar operations; dry product vacuum transfer lines;
animal holding pens; spoiled product; and broken
product container storage areas.
b. Summary of potential pollutant sources. In addition to
food and kindred products processing-related industrial
activities, the plan shall also describe application and
storage of pest control chemicals (e.g., rodenticides,
insecticides, fungicides, etc.) used on plant grounds.
2. Storm water controls.
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a. Routine facility inspections. At a minimum, the
following areas, where the potential for exposure to
storm water exists, shall be inspected on a monthly
quarterly basis: loading and unloading areas for all
significant materials; storage areas, including associated
containment areas; waste management units; vents and
stacks emanating from industrial activities; spoiled
product and broken product container holding areas;
animal holding pens; staging areas; and air pollution
control equipment. The requirement for routine facility
inspections is waived for facilities that have maintained
an active VEEP E3/E4 status.
b. Employee training. The employee training program
shall also address pest control.
D. Benchmark monitoring and reporting requirements. Dairy
products, grain mills and fats and oils products facilities are
required to monitor their storm water discharges for the
pollutants of concern listed in Table 280.
Table 280.
Sector U – Benchmark Monitoring Requirements.
Pollutants of Concern Benchmark
Concentration
Dairy Products (SIC 2021-2026)
Biochemical Oxygen
Demand (BOD5)
30 mg/L
Total Suspended Solids
(TSS)
100 mg/L
Grain Mill Products (SIC 2041-2048)
Total Kjeldahl Nitrogen
(TKN)
1.5 mg/L
Total Suspended Solids
(TSS)
100 mg/L
Fats and Oils Products (SIC 2074-2079)
Biochemical Oxygen
Demand (BOD5)
30 mg/L
Total Nitrogen 2.2 mg/L
Total Suspended Solids
(TSS)
100 mg/L
9VAC25-151-290. Sector V - Textile mills, apparel, and
other fabric products.
A. Discharges covered under this section. The requirements
listed under this section apply to storm water discharges
associated with industrial activity from textile mills, apparel
and other fabric product manufacturing, generally described
by SIC 22 and 23. This section also covers facilities engaged
in manufacturing finished leather and artificial leather
products (SIC 31, except 3111). Facilities in this sector are
primarily engaged in the following activities: textile mill
products, of and regarding facilities and establishments
engaged in the preparation of fiber and subsequent
manufacturing of yarn, thread, braids, twine, and cordage, the
manufacturing of broad woven fabrics, narrow woven fabrics,
knit fabrics, and carpets and rugs from yarn; processes
involved in the dyeing and finishing of fibers, yarn fabrics,
and knit apparel; the integrated manufacturing of knit apparel
and other finished articles of yarn; the manufacturing of felt
goods (wool), lace goods, nonwoven fabrics, miscellaneous
textiles, and other apparel products.
B. Special conditions. Prohibition of nonstorm water
discharges. In addition to the general nonstorm water
prohibition in Part I B 1, the following discharges are not
covered by this permit: discharges of wastewater (e.g.,
wastewater as a result of wet processing or from any
processes relating to the production process); reused/recycled
reused or recycled water; and waters used in cooling towers.
These discharges must be covered under a separate VPDES
permit.
C. Storm water pollution prevention plan requirements. In
addition to the requirements of Part III, the SWPPP shall
include, at a minimum, the following items.
1. Site description. Summary of potential pollutant sources.
The plan shall include a description of the potential
pollutant sources from the following activities: industry-
specific significant materials and industrial activities (e.g.,
backwinding, beaming, bleaching, backing, bonding
carbonizing, carding, cut and sew operations, desizing,
drawing, dyeing, flocking, fulling, knitting, mercerizing,
opening, packing, plying, scouring, slashing, spinning,
synthetic-felt processing, textile waste processing, tufting,
turning, weaving, web forming, winging, yarn spinning,
and yarn texturing).
2. Storm water controls.
a. Good housekeeping measures.
(1) Material storage areas. All containerized materials
(e.g., fuels, petroleum products, solvents, dyes, etc.) shall
be clearly labeled and stored in a protected area, away
from drains. The permittee shall describe and implement
measures that prevent or minimize contamination of
storm water runoff from such storage areas, and shall
include a description of the containment area or
enclosure for those materials that are stored outdoors.
The permittee may consider an inventory control plan to
prevent excessive purchasing of potentially hazardous
substances. The permittee shall ensure that empty
chemical drums/containers drums and containers are
clean (triple-rinsing shall be considered) and residuals
are not subject to contact with precipitation/runoff
precipitation or runoff. Washwater from these cleanings
shall be collected and disposed of properly.
(2) Material handling area. The permittee shall describe
and implement measures that prevent or minimize
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contamination of the storm water runoff from materials
handling operations and areas. The permittee shall
consider the following measures (or their equivalents):
use of spill/overflow spill and overflow protection;
covering fueling areas; and covering and enclosing areas
where the transfer of materials may occur. Where
applicable, the plan shall address the replacement or
repair of leaking connections, valves, transfer lines and
pipes that may carry chemicals, dyes, or wastewater.
(3) Fueling areas. The permittee shall describe and
implement measures that prevent or minimize
contamination of the storm water runoff from fueling
areas. The permittee shall consider the following
measures (or their equivalents): covering the fueling
area; using spill and overflow protection; minimizing
runon of storm water to the fueling areas; using dry
cleanup methods; and treating and/or or recycling storm
water runoff collected from the fueling area.
(4) Aboveground storage tank areas. The permittee shall
describe and implement measures that prevent or
minimize contamination of the storm water runoff from
aboveground storage tank areas, including the associated
piping and valves. The permittee shall consider the
following measures (or their equivalents): regular
cleanup of these areas; preparation of a spill prevention
control and countermeasure program (SPCC) to provide
spill and overflow protection; minimizing runon of storm
water from adjacent areas; restricting access to the area;
insertion of filters in adjacent catch basins; absorbent
booms in unbermed fueling areas; use of dry cleanup
methods; and permanently sealing drains within critical
areas that may discharge to a storm drain.
b. Routine facility inspections. Inspections shall be
conducted at least monthly, and shall include the
following activities and areas (at a minimum): transfer
and transmission lines; spill prevention; good
housekeeping practices; management of process waste
products; all structural and nonstructural management
practices. The requirement for routine facility inspections
is waived for facilities that have maintained an active
VEEP E3/E4 status.
c. Employee training. Employee training shall, at a
minimum address, the following areas when applicable to
a facility: use of reused/recycled reused or recycled
waters; solvents management; proper disposal of dyes;
proper disposal of petroleum products and spent
lubricants; spill prevention and control; fueling
procedures; and general good housekeeping practices.
d. Comprehensive Site Compliance Evaluation.
Regularly scheduled evaluations shall be conducted at
least once a year and address those areas contributing to a
storm water discharge associated with industrial activity.
Inspections shall look for evidence of, or the potential
for, pollutants entering the drainage system from the
following areas, as appropriate: storage tank areas; waste
disposal and storage areas; dumpsters and open
containers stored outside; materials storage areas; engine
maintenance and repair areas; material handling areas
and loading dock areas.
9VAC25-151-300. Sector W - Furniture and fixtures.
A. Discharges covered under this section. The requirements
listed under this section apply to storm water discharges
associated with industrial activity from facilities involved in
the manufacturing of wood kitchen cabinets (generally
described by SIC Code 2434), and furniture and fixtures
(generally classified under SIC Major Group 25), including:
household furniture (SIC 251); office furniture (SIC 252);
public buildings and related furniture (SIC 253); partitions,
shelving, lockers, and office and store fixtures (SIC 254); and
miscellaneous furniture and fixtures (SIC 259).
B. Storm water pollution prevention plan requirements. In
addition to the requirements of Part III, the SWPPP shall
include, at a minimum, the following item:
Site Map. The site map shall identify where any of the
following may be exposed to precipitation/surface
precipitation or surface runoff: material storage areas
(including tanks or other vessels used for liquid or waste
storage); outdoor material processing areas; areas where
wastes are treated, stored or disposed; access roads; and rail
spurs.
9VAC25-151-310. Sector X - Printing and publishing.
A. Discharges covered under this section. The requirements
listed under this section apply to storm water discharges
associated with industrial activity from printing and
publishing facilities (generally classified under SIC Major
Group 27), and include the following types of facilities:
newspaper, periodical, and book publishing and/or and
printing (SIC Codes 271 through 273); miscellaneous
publishing (SIC Code 274); commercial printing (SIC Code
275); manifold business forms, greeting cards, bankbooks,
looseleaf binders and book binding and related work (SIC
Codes 276 through 278); and service industries for the
printing trade (SIC 279).
B. Storm water pollution prevention plan requirements. In
addition to the requirements of Part III, the SWPPP shall
include, at a minimum, the following items:
1. Site description. a. Site map. The site map shall identify
where any of the following may be exposed to
precipitation/surface runoff: aboveground storage tanks,
drums and barrels permanently stored outside. b. Summary
of potential pollutant sources. The plan shall include a
description of the following additional sources and
activities that have potential pollutants associated with
them, as applicable: loading and unloading operations;
outdoor storage activities; significant dust or particulate
generating processes; and on-site waste disposal practices
(e.g., blanket wash). Also, the pollutant or pollutant
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parameter (e.g., oil and grease, scrap metal, etc.) associated
with each pollutant source shall be identified.
2. Storm water controls.
a. Good housekeeping measures.
(1) Material storage areas. All containerized materials
(skids, pallets, solvents, bulk inks, and hazardous waste,
empty drums, portable/mobile portable or mobile
containers of plant debris, wood crates, steel racks, fuel
oil, etc.) shall be properly labeled and stored in a
protected area, away from drains. The permittee shall
describe and implement measures that prevent or
minimize contamination of the storm water runoff from
such storage areas and shall include a description of the
containment area or enclosure for those materials which
are stored outdoors. The permittee may consider an
inventory control plan to prevent excessive purchasing of
potentially hazardous substances.
(2) Material handling areas. The permittee shall describe
and implement measures that prevent or minimize
contamination of the storm water runoff from material
handling operations and areas (e.g., blanket wash, mixing
solvents, loading/unloading loading and unloading
materials). The permittee shall consider the following
measures (or their equivalents): the use of spill/overflow
spill and overflow protection; covering fuel areas; and
covering/enclosing covering or enclosing areas where the
transfer of materials may occur. When applicable, the
plan shall address the replacement or repair of leaking
connections, valves, transfer lines and pipes that may
carry chemicals, or wastewater.
(3) Fueling areas. The permittee shall describe and
implement measures that prevent or minimize
contamination of the storm water runoff from fueling
areas. The permittee shall consider the following
measures (or their equivalents): covering the fueling
area; using spill and overflow protection; minimizing
runon of storm water to the fueling area; using dry
cleanup methods; and treating and/or or recycling storm
water runoff collected from the fueling areas.
(4) Aboveground storage tank areas. The permittee shall
describe and implement measures that prevent or
minimize contamination of the storm water runoff from
aboveground storage tank areas, including the associated
piping and valves. The permittee shall consider the
following measures (or their equivalents): regular
cleanup of these areas; preparation of a spill prevention
control and countermeasure program (SPCC) to provide
spill and overflow protection; minimizing runon of storm
water from adjacent facilities and properties; restricting
access to the area; insertion of filters in adjacent catch
basins; absorbent booms in unbermed fueling areas; use
of dry cleanup methods; and permanently sealing drains
within critical areas that may discharge to a storm drain.
b. Employee training. Employee training shall, at a
minimum, address the following areas when applicable to
a facility: spent solvent management; spill prevention
and control; used oil management; fueling procedures;
and general good housekeeping practices.
9VAC25-151-320. Sector Y - Rubber, miscellaneous
plastic products, and miscellaneous manufacturing
industries.
A. Discharges covered under this section. The requirements
listed under this section apply to storm water discharges
associated with industrial activity from rubber and
miscellaneous plastic products manufacturing facilities (SIC
Major Group 30) and miscellaneous manufacturing
industries, except jewelry, silverware, and plated ware (SIC
Major Group 39, except 391).
B. Storm water pollution prevention plan requirements. In
addition to the requirements of Part III, the SWPPP shall
include, at a minimum, the following items:
1. Site description. Summary of potential pollutant sources.
Rubber manufacturing facilities shall review the use of
zinc at the facility and the possible pathways through
which zinc may be discharged in storm water runoff.
2. Storm water controls.
a. Controls for rubber manufacturers. Rubber
manufacturing facilities shall describe and implement
specific controls to minimize the discharge of zinc in
storm water discharges from the facility. Listed below
are possible sources of zinc. These shall be reviewed and
the accompanying [ BMPs control measures ] (or their
equivalents) shall be considered in the SWPPP. Also,
some general [ BMP control measure ] options to
consider include: using chemicals that are purchased in
pre-weighed, sealed polyethylene bags; storing materials
that are in use in sealable containers; ensuring an
airspace between the container and the cover to minimize
"puffing" losses when the container is opened; and using
automatic dispensing and weighing equipment.
(1) Inadequate housekeeping Zinc bags. All permittees
shall review the handling and storage of zinc bags at their
facilities [ and consider the following BMP. Following
are some control measure ] options: employee training
regarding the handling/storage handling and storage of
zinc bags; indoor storage of zinc bags; cleanup of zinc
spills without washing the zinc into the storm drain; and
the use of 2,500-pound sacks of zinc rather than 50- to
100-pound sacks.
(2) Dumpsters. The [ following BMPs shall be
considered to reduce permittee shall minimize ]
discharges of zinc from dumpsters [ . Following are some
control measure options ]: [ providing provide ] a cover
for the dumpster; move the dumpster to an indoor
location; or provide a lining for the dumpster.
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(3) Malfunctioning dust Dust collectors or baghouses.
Permittees shall [ review minimize contributions of zinc
to stormwater from ] dust collectors/baghouses collectors
and baghouses [ as possible sources in of zinc in storm
water runoff ]. Improperly operating dust
collectors/baghouses collectors and baghouses shall be
replaced or repaired as appropriate.
(4) Grinding operations. Permittees shall [ review dust
generation from rubber grinding operations at their
facility and, as appropriate, install minimize
contamination of stormwater as a result of dust
generation from rubber grinding operations. One control
measure option is to install ] a dust collection system.
(5) Zinc stearate coating operations. Permittees shall
[ include in the SWPPP appropriate measures to prevent
or clean up minimize the potential for stormwater
contamination from ] drips/spills drips and spills of zinc
stearate slurry that may be released to the storm drain.
[ Alternate One control measure option is to use
alternative ] compounds to zinc stearate [ shall also be
considered ].
b. Controls for plastic products manufacturers. Plastic
products manufacturing facilities shall describe and
implement specific controls to minimize the discharge of
plastic resin pellets in stormwater discharges from the
facility. The following [ BMPs control measures ] (or
their equivalents) shall be considered in the SWPPP:
minimizing spills; cleaning up of spills promptly and
thoroughly; sweeping thoroughly; pellet capturing;
employee education; and disposal precautions.
C. Benchmark monitoring and reporting requirements.
Rubber product manufacturing facilities are required to
monitor their storm water discharges for the pollutants of
concern listed in Table 320.
Table 320.
Sector Y – Benchmark Monitoring Requirements.
Pollutants of Concern Benchmark Concentration
Tires and Inner Tubes; Rubber Footwear; Gaskets, Packing
and Sealing Devices; Rubber Hose and Belting; and
Fabricated Rubber Products, Not Elsewhere Classified (SIC
3011-3069).
Total Recoverable Zinc 120 µg/L
9VAC25-151-330. Sector Z - Leather tanning and
finishing.
A. Discharges covered under this section. The requirements
listed under this section apply to storm water discharges
associated with industrial activity from leather tanning,
currying and finishing (commonly identified by SIC Code
3111).
B. Storm water pollution prevention plan requirements. In
addition to the requirements of Part III, the SWPPP shall
include, at a minimum, the following items.
1. Site description.
a. Site map. The site map shall identify where any of the
following may be exposed to precipitation/surface
precipitation or surface runoff: processing and storage
areas of the beamhouse, tanyard, retan-wet finishing and
dry finishing operations; and haul roads, access roads and
rail spurs.
b. Summary of potential pollutant sources. A description
of potential pollutant sources including (as appropriate):
temporary or permanent storage of fresh and brine cured
hides; chemical drums, bags, containers and aboveground
tanks; leather dust, scraps, trimmings and shavings; spent
solvents; and extraneous hide substances and hair; empty
chemical containers and bags; floor sweepings/washings;
refuse, waste piles and sludge; and significant
dust/particulate generating processes (e.g., buffing).
2. Storm water controls.
a. Good housekeeping.
(1) Storage areas for raw, semiprocessed, or finished
tannery by-products. Pallets/bales Pallets and bales of
raw, semiprocessed or finished tannery by-products (e.g.,
splits, trimmings, shavings, etc.) shall be stored indoors
or protected by polyethylene wrapping, tarpaulins, roofed
storage area or other suitable means. Materials shall be
placed on an impermeable surface, the area shall be
enclosed or bermed, or other equivalent measures shall
be employed to prevent runon/runoff runon or runoff of
storm water.
(2) Material storage areas. Storage units of all materials
should be labeled (e.g., specific chemicals, hazardous
materials, spent solvents, waste materials). The permittee
shall describe and implement measures that prevent or
minimize contact with storm water.
(3) Buffing and shaving areas. The permittee shall
describe and implement measures that prevent or
minimize contamination of the storm water runoff with
leather dust from buffing/shaving buffing and shaving
areas. The permittee may consider dust collection
enclosures, preventive inspection/maintenance inspection
and maintenance programs or other appropriate
preventive measures.
(4) Receiving, unloading, and storage areas. The
permittee shall describe and implement measures that
prevent or minimize contamination of the storm water
runoff from receiving, unloading, and storage areas. The
following measures (or their equivalents) shall be
considered for exposed receiving, unloading and storage
areas: hides and chemical supplies protected by a suitable
cover; diversion of drainage to the process sewer; and
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grade berming/curbing berming or curbing area to
prevent runoff of storm water.
(5) Outdoor storage of contaminated equipment. The
permittee shall describe and implement measures that
prevent or minimize contact of storm water with
contaminated equipment. The following measures (or
their equivalents) shall be considered: equipment
protected by suitable cover; diversion of drainage to the
process sewer; thorough cleaning prior to storage.
(6) Waste management. The permittee shall describe and
implement measures that prevent or minimize
contamination of the storm water runoff from waste
storage areas. The permittee shall consider the following
measures (or their equivalents): inspection/maintenance
inspection and maintenance programs for leaking
containers or spills; covering dumpsters; moving waste
management activities indoors; covering waste piles with
temporary covering material such as tarpaulins or
polyethylene; and minimizing storm water runoff by
enclosing the area or building berms around the area.
C. Benchmark monitoring and reporting requirements.
Leather tanning and finishing facilities are required to
monitor their storm water discharges for the pollutants of
concern listed in Table 330.
Table 330.
Sector Z – Benchmark Monitoring Requirements.
Pollutants of Concern Benchmark Concentration
Leather Tanning and Finishing (SIC 3111)
Total Kjeldahl Nitrogen
(TKN)
1.5 mg/L
9VAC25-151-340. Sector AA - Fabricated metal products.
A. Discharges covered under this section. The requirements
listed under this section apply to storm water discharges
associated with industrial activity from the fabricated metals
industry listed below, except for electrical related industries:
fabricated metal products, except machinery and
transportation equipment (SIC Code 34); and jewelry,
silverware, and plated ware (SIC Code 391).
B. Storm water pollution prevention plan requirements. In
addition to the requirements of Part III, the SWPPP shall
include, at a minimum, the following items.
1. Site description.
a. Site Map. The site map shall identify where any of the
following may be exposed to precipitation/surface
precipitation or surface runoff: raw metal storage areas;
finished metal storage areas; scrap disposal collection
sites; equipment storage areas; retention and detention
basins; temporary/permanent temporary or permanent
diversion dikes or berms; right-of-way or perimeter
diversion devices; sediment traps/barriers traps or
barriers; processing areas including outside painting
areas; wood preparation; recycling; and raw material
storage.
b. Spills and Leaks. When listing significant spills/leaks
spills and leaks, the permittee shall pay attention to the
following materials, at a minimum: chromium, toluene,
pickle liquor, sulfuric acid, zinc and other water priority
chemicals and hazardous chemicals and wastes.
c. Summary of potential pollutant sources. The plan shall
include a description of the potential pollutant sources
from the following activities: loading and unloading
operations for paints, chemicals and raw materials;
outdoor storage activities for raw materials, paints, empty
containers, corn cob, chemicals, scrap metals; outdoor
manufacturing or processing activities such as grinding,
cutting, degreasing, buffing, brazing, etc.; and on-site
waste disposal practices for spent solvents, sludge,
pickling baths, shavings, ingots pieces, refuse and waste
piles.
2. Storm water controls.
a. Good housekeeping.
(1) Raw steel handling storage. The permittee shall
describe and implement measures controlling for
managing or recovering scrap metals, fines, and iron
dust, including measures for containing materials within
storage handling areas.
(2) Paints and painting equipment. The permittee shall
describe and implement measures to prevent or minimize
exposure of paint and painting equipment from exposure
to storm water.
b. Spill prevention and response procedures. The
permittee shall ensure that the necessary equipment to
implement a clean up cleanup is available to personnel.
The following areas shall be addressed:
(1) Metal fabricating areas. The permittee shall describe
and implement measures for maintaining clean, dry,
orderly conditions in these areas. Use of dry clean-up
techniques shall be considered in the plan.
(2) Storage areas for raw metal. The permittee shall
describe and implement measures to keep these areas free
of conditions that could cause, or impede appropriate
timely response to, spills or leakage of materials. The
following measures (or their equivalents) shall be
considered: storage areas maintained such that there is
easy access in the event of a spill; stored materials
labeled to aid in identifying spill contents.
(3) Receiving, unloading, and storage areas. The
permittee shall describe and implement measures to
prevent spills and leaks; plan for quick remedial clean up
and instruct employees on clean-up techniques and
procedures.
(4) Storage of equipment. The permittee shall describe
and implement measures for preparing equipment for
storage and the proper method to store equipment. The
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following measures (or their equivalents) shall be
considered: protecting with covers; storing indoors; and
cleaning potential pollutants from equipment to be stored
outdoors.
(5) (3) Metal working fluid storage areas. The permittee
shall describe and implement measures for storage of
metal working fluids.
(6) (4) Cleaners and rinse water. The permittee shall
describe and implement measures to control/cleanup
control and clean up spills of solvents and other liquid
cleaners; control sand buildup and disbursement from
sand-blasting operations; and prevent exposure of
recyclable wastes. Environmentally benign cleaners shall
be substituted when possible.
(7) (5) Lubricating oil and hydraulic fluid operations.
The permittee shall describe and implement measures to
minimize the potential for storm water contamination
from lubricating oil and hydraulic fluid operations. The
permittee shall consider using devices or monitoring
equipment or other devices to detect and control
leaks/overflows leaks and overflows. The installation of
perimeter controls such as dikes, curbs, grass filter strips,
or other equivalent measures shall also be considered.
(8) (6) Chemical storage areas. The permittee shall
describe and implement proper storage methods that
prevent storm water contamination and accidental
spillage. The plan shall include a program to inspect
containers, and identify proper disposal methods.
c. Inspections. Metal fabricators shall at a minimum
include the following areas for inspection: raw metal
storage areas; finished product storage areas; material
and chemical storage areas; recycling areas; loading and
unloading areas; equipment storage areas; paint areas;
and vehicle fueling and maintenance areas.
d. Comprehensive site compliance evaluation. The site
compliance evaluation shall also include inspections of:
areas associated with the storage of raw metals; storage
of spent solvents and chemicals; outdoor paint areas; and
roof drainage. Potential pollutants include chromium,
zinc, lubricating oil, solvents, aluminum, oil and grease,
methyl ethyl ketone, steel and other related materials.
C. Benchmark monitoring and reporting requirements. Metal
fabricating facilities are required to monitor their storm water
discharges for the pollutants of concern listed in Table 340.
Table 340.
Sector AA – Benchmark Monitoring Requirements.
Pollutants of Concern Benchmark
Concentration
Fabricated Metal Products Except Coating (SIC 3411-3471,
3482-3499, 3911-3915)
Total Recoverable Aluminum 750 µg/L
Total Recoverable Iron 1.0 mg/L
Total Recoverable Zinc 120 µg/L
Total Recoverable Copper 18 μg/L
Fabricated Metal Coating and Engraving (SIC 3479)
Total Recoverable Zinc 120 µg/L
9VAC25-151-350. Sector AB - Transportation equipment,
industrial, or commercial machinery.
A. Discharges covered under this section. The requirements
listed under this section apply to storm water discharges
associated with industrial activity from transportation
equipment, industrial or commercial machinery
manufacturing facilities (commonly described by SIC Major
Group 35 (except SIC Code 357), and SIC Major Group 37
(except SIC Code 373)).
B. Storm water pollution prevention plan requirements. In
addition to the requirements of Part III, the SWPPP shall
include, at a minimum, the following items item:
1. Site description. Site map. The site map shall identify
where any of the following may be exposed to
precipitation/surface precipitation or surface runoff: vents and
stacks from metal processing and similar operations.
2. Storm water controls. Nonstorm water discharges. For
facilities that discharge wastewater, other than solely
domestic wastewater, to the sanitary sewer system, the
permittee shall notify the operator of the sanitary sewer
and associated treatment works of its discharge. In such
cases, a copy of a notification letter shall be attached to the
plan. Any specific permit conditions shall be considered in
the plan.
C. Benchmark monitoring and reporting requirements.
Transportation equipment manufacturing facilities are
required to monitor their storm water discharges for the
pollutants of concern listed in Table 350.
Table 350
Sector AB – Benchmark Monitoring Requirements
Pollutants of Concern Benchmark
Concentration
Transportation equipment manufacturing facilities (SIC 35,
except 357, and SIC 37, except 373)
Total Petroleum Hydrocarbons
(TPH)*
15.0 mg/L
Total Suspended Solids (TSS) 100 mg/L
Total Recoverable Copper 18 μg/L
Total Recoverable Zinc 120 μg/L
*Total Petroleum Hydrocarbons (TPH) is the sum of
individual gasoline range organics and diesel range organics
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(TPH-GRO and TPH-DRO) to be measured by EPA SW
846 Method 8015 for gasoline and diesel range organics, or
by EPA SW 846 Methods 8260 Extended and 8270
Extended.
9VAC25-151-370. Sector AD - Nonclassified
facilities/storm water discharges designated by the board
as requiring permits.
A. Discharges covered under this section. Sector AD is used
to provide permit coverage for facilities designated by the
board as needing a storm water permit, or any discharges of
industrial activity that do not meet the description of an
industrial activity covered by Sectors A-AC under the
provisions of 9VAC25-31-120 A 1 c or under 9VAC25-31-
120 A 7 a (1) or (2) of the VPDES Permit Regulation.
Therefore, almost any type of storm water discharge could be
covered under this sector. Permittees shall be assigned to
Sector AD by the director board and may not choose Sector
AD as the sector describing the facility's activities.
B. Additional requirements. No additional sector-specific
requirements apply to this sector.
C. Benchmark monitoring and reporting requirements.
Nonclassified facilities/storm water discharges designated by
the board as requiring permits are required to monitor their
storm water discharges for the pollutants of concern listed in
Table 370.
Table 370.
Sector AD - Benchmark Monitoring Requirements.
Pollutants of Concern Benchmark Concentration
Nonclassified Facilities/Storm Water Discharges
Designated By the Board As Requiring Permits
Total Suspended Solids
(TSS)
100 mg/L
NOTICE: The following forms used in administering the
regulation were filed by the agency. The forms are not being
published; however, online users of this issue of the Virginia
Register of Regulations may click on the name to access a
form. The forms are also available from the agency contact or
may be viewed at the Office of the Registrar of Regulations,
General Assembly Building, 2nd Floor, Richmond, Virginia
23219.
FORMS (9VAC25-151)
Department of Environmental Quality Water Quality
Division Permit Application Fee Form (rev. 1/08).
VPDES General Permit Registration Statement – Industrial
Activity Storm Water Discharges, SWGP VAR05-RS (eff.
7/09).
VPDES General Permit Notice of Termination – Industrial
Activity Storm Water Discharges, SWGP VAR05-NOT (eff.
7/09).
Virginia Pollutant Discharge Elimination System (VPDES)
Discharge Monitoring Report (DMR) – Industrial Activity
Storm Water Discharges (eff. 7/09).
VPDES Change of Ownership Agreement Form.
Department of Environmental Quality Water Quality
Division Permit Application Fee Form (rev. 5/13)
VPDES General Permit for Industrial Activity Storm Water
Discharges (VAR05) Registration Statement, SWGP VAR05-
RS (eff. 7/14)
VPDES General Permit for Industrial Activity Storm Water
Discharges (VAR05) Notice of Termination, SWGP VAR05-
NOT (eff. 7/14)
Virginia Pollutant Discharge Elimination System (VPDES)
Discharge Monitoring Report (DMR) (eff. 7/14)
Virginia Pollutant Discharge Elimination System Change of
Ownership Form (undated)
DOCUMENTS INCORPORATED BY REFERENCE
(9VAC25-151)
Standard Industrialization Classification (SIC) Manual,
1987, Office of Management and Budget
Modified DRO Method for Determining Diesel Range
Organics, PUBL-SW-141, September 1995, Wisconsin
Department of Natural Resources.
Method 8015C, Nonhalogenated Organics Using GC/FID,
Revision 3, November 2000, U.S. Government Printing
Office
Method 8015C, Nonhalogenated Organics Using GC/FID,
Revision 3, February 2007, U.S. Government Printing Office
Method 8260B, Volatile Organic Compounds by Gas
Chromatography/Mass Spectrometry (GC/MS), Revision 2,
December 1996, U.S. Government Printing Office
Method 8260C, Volatile Organic Compounds by Gas
Chromatography/Mass Spectrometry (GC/MS), Revision 3,
August 2006, U.S. Government Printing Office
Method 8270C, Semivolatile Organic Compounds by Gas
Chromatography/Mass Spectrometry (GC/MS), Revision 3,
December 1996, U.S. Government Printing Office
Method 8270D, Semivolatile Organic Compounds by Gas
Chromatography/Mass Spectrometry (GC/MS), Revision 4,
February 2007, U.S. Government Printing Office
VA.R. Doc. No. R13-3382; Filed December 30, 2013, 10:59 a.m.
Final Regulation
REGISTRAR'S NOTICE: The State Water Control Board is
claiming an exemption from the Administrative Process Act
in accordance with § 2.2-4006 A 8 of the Code of Virginia,
which exempts general permits issued by the State Water
Control Board pursuant to the State Water Control Law
(§ 62.1-44.2 et seq.), Chapter 24 (§ 62.1-242 et seq.) of Title
62.1, and Chapter 25 (§ 62.1-254 et seq.) of Title 62.1 if the
board (i) provides a Notice of Intended Regulatory Action in
conformance with the provisions of § 2.2-4007.01; (ii)
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following the passage of 30 days from the publication of the
Notice of Intended Regulatory Action forms a technical
advisory committee composed of relevant stakeholders,
including potentially affected citizens groups, to assist in the
development of the general permit; (iii) provides notice and
receives oral and written comment as provided in § 2.2-
4007.03; and (iv) conducts at least one public hearing on the
proposed general permit.
Title of Regulation: 9VAC25-190. Virginia Pollutant
Discharge Elimination System (VPDES) General Permit
Regulation for Nonmetallic Mineral Mining (amending
9VAC25-190-10 through 9VAC25-190-70; adding
9VAC25-190-15; repealing 9VAC25-190-65).
Statutory Authority: § 62.1-44.15 of the Code of Virginia;
§ 402 of the Clean Water Act; 40 CFR Parts 122, 123, and
124.
Effective Date: July 1, 2014.
Agency Contact: Elleanore M. Daub, Department of
Environmental Quality, 629 East Main Street, P.O. Box 1105,
Richmond, VA 23218, telephone (804) 698-4111, FAX (804)
698-4032, TTY (804) 698-4021, or email
Summary:
The amendments reissue the existing VPDES general
permit, which expires on June 30, 2014. The general
permit contains limitations and monitoring requirements
for point source discharge of treated wastewaters from
nonmetallic mineral mining to surface waters. The general
permit regulation is being reissued in order to continue
making it available for these facilities to continue to
discharge. Changes since publication of the proposed
stage of the regulation are found in 9VAC25-190-10,
9VAC25-190-50 D, 9VAC25-190-60 B and C, and
9VAC25-190-70 Part I B, Part II C, and Part II H. The
most significant change since the proposed stage of the
regulation is the addition of the new special condition that
eliminates the need for discharge monitoring reports for
process water systems that are designed to operate as a no
discharge system except during a 25-year, 24-hour storm
event.
9VAC25-190-10. Definitions.
The words and terms used in this chapter shall have the
meanings defined in the State Water Control Law Chapter 3.1
(§ 62.1-44.2 et seq.) of Title 62.1 of the Code of Virginia and
the Virginia Pollutant Discharge Elimination System
(VPDES) Permit Regulation [ (9VAC25-31-10 et seq.)
(9VAC25-31) ] unless the context clearly indicates otherwise.
Additionally, for the purposes of this chapter:
"Best management practices" or "BMPs" means schedules
of activities, practices (and prohibitions of practices),
structures, vegetation, maintenance procedures, and other
management practices to prevent or reduce the discharge of
pollutants to surface waters. BMPs also include treatment
requirements, operating procedures, and practices to control
plant site run-off, spillage or leaks, sludge or waste disposal,
or drainage from raw material storage.
"Colocated facility" means an industrial activity other than
mineral mining operating on a site where the primary
industrial activity is mineral mining. Such an activity must
have wastewater characteristics similar to those of the mineral
mine and be located within the permitted mining area. The
term refers to activities that are commonly found at mining
sites such as manufacturing of ready-mix concrete (SIC Code
3273), concrete products (SIC Codes 3271 and 3272), and
asphalt paving materials (SIC Code 2951) except asphalt
emulsion manufacturing. It does not mean industrial activity
that is specifically excluded from this permit.
"Department" or "DEQ" means the Virginia Department of
Environmental Quality.
"Industrial activity" means activity associated with mineral
mining facilities generally identified by SIC Major Group 14
including active or inactive mining operations that discharge
storm water that has come into contact with any overburden,
raw material, intermediate products, finished products, by-
products or waste products located on the site of such
operations. (Inactive mining operations are mining sites that
are not being actively mined, but which have an identifiable
owner/operator; inactive mining sites do not include sites
where mining claims are being maintained prior to
disturbances associated with the extraction, beneficiation, or
processing of mined materials, nor sites where minimal
activities are undertaken for the sole purpose of maintaining a
mining claim.) Industrial activity also includes facilities
classified under other SIC codes that may be colocated within
the mineral mine permit area, unless they are expressly
excluded by this general permit.
"Municipal separate storm sewer system" or "MS4" means a
conveyance or system of conveyances, including roads with
drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains (i)
owned or operated by a state, city, town, county, district,
association, or other public body (created by or pursuant to
state law) having jurisdiction over disposal of sewage,
industrial wastes, storm water, or other wastes, including
special districts under state law such as a sewer district, flood
control district or drainage district, or similar entity, or an
Indian tribe or an authorized Indian tribal organization, or a
designated and approved management agency under § 208 of
the Clean Water Act that discharges to surface waters of the
state; (ii) designed or used for collecting or conveying storm
water; (iii) that is not a combined sewer; and (iv) that is not
part of a publicly owned treatment works (POTW).
"Permittee" means the owner of a nonmetallic mineral mine
covered under this general permit.
"Process wastewater" means any wastewater used in the
slurry transport of mined material, air emissions control, or
processing exclusive of mining, and any other water that
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becomes commingled with such wastewater in a pit, pond,
lagoon, mine, or other facility used for treatment of such
wastewater. It includes mine pit dewatering, water used in the
process of washing stone, noncontact cooling water,
wastewater from vehicle/equipment washing vehicle or
equipment degreasing activities, vehicle washing and return
water from operations where mined material is dredged and
miscellaneous plant cleanup wastewaters.
"Run-off coefficient" means the fraction of total rainfall that
will appear at the conveyance as run-off.
"SIC" means the Standard Industrial Classification Code or
Industrial Grouping from the U.S. Office of Management and
Budget Standard Industrial Classification Manual, 1987
Edition.
"Significant materials" includes, but is not limited to, raw
materials; fuels; materials such as solvents, detergents, and
plastic pellets; finished materials such as metallic products;
raw materials used in food processing or production;
hazardous substances designated under Section 101(14) of the
Comprehensive Environmental Response, Compensation and
Liability Act (CERCLA) (42 USC § 9601 et seq.); any
chemical the owner is required to report pursuant to Section
313 of the Emergency Planning and Community Right-to-
Know Act (EPCRA) (42 USC § 11001 et seq.); fertilizers;
pesticides; and waste products such as ashes, slag and sludge
(including pond sediments) that have the potential to be
released with storm water discharges.
"Significant spills" includes, but is not limited to, releases of
oil or hazardous substances in excess of reportable quantities
under § 311 of the Clean Water Act (see 40 CFR 110.10 and
40 CFR 117.21) or § 102 of the Comprehensive
Environmental Response, Compensation and Liability Act
(CERCLA) (42 USC § 9601 et seq.) (see 40 CFR 302.4).
"Storm water" means storm water run-off, snow melt run-
off, and surface run-off and drainage.
"Storm water discharge associated with industrial activity"
means the discharge from any conveyance [ which that ] is
used for collecting and conveying storm water and [ which
that ] is directly related to manufacturing, processing or raw
materials storage areas at an industrial plant. The term does
not include discharges from facilities or activities excluded
from the VPDES program under 9VAC25-31. For the
categories of industries identified in the "industrial activity"
definition, the term includes, but is not limited to, storm water
discharges from industrial plant yards; immediate access
roads and rail lines used or traveled by carriers of raw
materials, manufactured products, waste material, or by-
products used or created by the mineral mine; material
handling sites; refuse sites; sites used for the application or
disposal of process wastewaters; sites used for the storage and
maintenance of material handling equipment; sites used for
residual treatment, storage, or disposal; shipping and
receiving areas; manufacturing buildings; storage areas
(including tank farms) for raw materials, and intermediate and
finished products; and areas where industrial activity has
taken place in the past and significant materials remain and
are exposed to storm water. For the purposes of this
paragraph, material handling activities include the storage,
loading and unloading, transportation, or conveyance of any
raw material, intermediate product, finished product, by-
product or waste product. The term excludes areas located on
plant lands separate from the plant's industrial activities, such
as office buildings and accompanying parking lots as long as
the drainage from the excluded areas is not mixed with storm
water drained from the above described areas.
"Total maximum daily load" or "TMDL" means a
calculation of the maximum amount of a pollutant that a
waterbody can receive and still meet water quality standards
and an allocation of that amount to the pollutant's sources. A
TMDL includes wasteload allocations (WLAs) for point
source discharges, and load allocations (LAs) for nonpoint
sources or natural background or both, and must include a
margin of safety (MOS) and account for seasonal variations.
[ "Twenty-five-year, 24-hour storm event" means the
maximum 24-hour precipitation event with a probable
recurrence interval of once in 25 years as established by the
National Weather Service or appropriate regional or state
rainfall probability information. ]
"Vehicle/equipment washing" "Vehicle or equipment
degreasing" means the washing with detergents or steam
cleaning of engines of a vehicle or piece of equipment and
other drive components in which the purpose is to clean and
degrease and clean petroleum products from the equipment
for maintenance and other purposes. The application of water
without detergent to a Washing the vehicle exterior for the
purpose of removing sediment is excluded not considered
vehicle or equipment degreasing.
9VAC25-190-15. Applicability of incorporated references
based on the dates that they became effective.
Except as noted, when a regulation of the U.S.
Environmental Protection Agency set forth in Title 40 of the
Code of Federal Regulations is referenced or adopted herein
and incorporated by reference that regulation shall be as it
exists and has been published as of July 1, 2013.
9VAC25-190-20. Purpose; delegation of authority;
effective date of permit.
A. The purpose of this chapter is to establish General Permit
Number VAG84 to regulate wastewater discharge from
nonmetallic mineral mines as follows:
1. For active and inactive nonmetallic mineral mining
facilities in SIC Major Group 14, this general permit
covers discharges composed entirely of storm water
associated with industrial activity.
2. This general permit authorizes the discharge of process
wastewater as well as storm water associated with
industrial activity from active and inactive mineral mines
classified under Standard Industrial Classification SIC
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1553
Codes 1411, 1422, 1423, 1429, 1442, 1455, 1459
excluding bentonite and magnesite mines, 1475, and 1499
excluding gypsum, graphite, asbestos, diatomite, jade,
novaculite, wollastonite, tripoli or asphaltic mineral mines.
3. Coal mining, metal mining, and oil and gas extraction
are not covered by this general permit.
B. The director, or an authorized representative, may
perform any act of the board provided under this chapter,
except as limited by § 62.1-44.14 of the Code of Virginia.
C. This general permit will become effective on July 1, 2009
2014, and will expire five years after the effective date June
30, 2019. For any covered owner, this general permit is
effective upon compliance with all the provisions of
9VAC25-190-50 and the receipt of this general permit.
9VAC25-190-50. Authorization to discharge.
A. Any owner governed by this general permit is authorized
by this to discharge process wastewater and storm water as
described in 9VAC25-190-20 A 1 and 2 to surface waters of
the Commonwealth of Virginia provided that the owner files
a registration statement as described in 9VAC25-190-60 that
is accepted by the board, files the required permit fee,
complies with the effluent limitations and other requirements
of 9VAC25-190-70, and provided that:
1. The owner submits a registration statement in
accordance with 9VAC25-190-60, and that registration
statement is accepted by the board;
2. The owner submits the required permit fee;
3. The owner complies with the applicable effluent
limitations and other requirements of 9VAC25-190-70;
4. The owner has a mineral mining permit for the operation
to be covered by this general permit that has been approved
by the Virginia Department of Mines, Minerals and
Energy, Division of Mineral Mining (or an associated
waivered program, locality, or state agency) under
provisions and requirements of Title 45.1 of the Code of
Virginia. Mineral mines located in bordering states with
discharges in Virginia shall provide documentation that
they have a mining permit from the appropriate state
authority. Mineral mines owned and operated by
governmental bodies not subject to the provisions and
requirements of Title 45.1 of the Code of Virginia are
exempt from this requirement; and
5. The board has not notified the owner that the discharge
is not eligible for coverage in accordance with subsection
B of this section.
B. The board will notify an owner that the discharge is not
eligible for coverage under this general permit in the event of
any of the following:
1. The owner shall not have been is required to obtain an
individual permit as may be required in the VPDES permit
regulation (9VAC25-31). in accordance with 9VAC25-31-
170 B 3 of the VPDES Permit Regulation;
2. The owner shall not be authorized by this general permit
is proposing to discharge to state waters specifically named
in other board regulations or policies which that prohibit
such discharges.;
3. The owner shall have a mineral mining permit for the
operation to be covered by this general permit which has
been approved by the Virginia Department of Mines,
Minerals and Energy, Division of Mineral Mining (or
associated waivered program, locality or state agency)
under provisions and requirements of Title 45.1 of the
Code of Virginia. Mineral mines located in bordering
states with discharges in Virginia shall provide
documentation that they have a mining permit from the
appropriate state authority. Mineral mines owned and
operated by governmental bodies not subject to the
provisions and requirements of Title 45.1 of the Code of
Virginia are exempt from this requirement.
4. The owner shall implement pollution control measures
necessary to comply with the conditions and limitations of
this general permit including, but not limited to, the
installation, operation and maintenance of sediment control
structures.
5. The owner shall not be authorized by this general permit
to discharge to waters for which a "total maximum daily
load" (TMDL) allocation has been established by the board
and approved by EPA prior to the term of this permit,
unless the owner develops, implements and maintains a
storm water pollution prevention plan (SWPPP) that is
consistent with the assumptions and requirements of the
TMDL. This only applies where the facility is a source of
the TMDL pollutant of concern.
3. The discharge violates or would violate the
antidegradation policy in the water quality standards at
9VAC25-260-30; or
4. The discharge is not consistent with the assumptions and
requirements of an approved TMDL.
B. The board shall deny coverage under this general permit
to any owner with discharge or storm water discharge-related
activities which the board determines cause, may reasonably
be expected to cause, or may be contributing to a violation of
water quality standards, including discharges or discharge-
related activities that are likely to adversely affect aquatic
life.
C. Receipt of Compliance with this general permit
constitutes compliance with the federal Clean Water Act and
the State Water Control Law, with the exceptions stated in
9VAC25-31-60 of the VPDES Permit Regulation. Approval
for coverage under this general permit does not relieve any
owner of the responsibility to comply with any other
applicable federal, state, or local statute, ordinance, or
regulation.
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D. Continuation of permit coverage.
1. Any owner that was authorized to discharge under the
nonmetallic mineral mining general permit issued in 2009
and that submits a complete registration statement [ on or ]
before July 1, 2014, is authorized to continue to discharge
under the terms of the 2009 general permit until such time
as the board either:
a. Issues coverage to the owner under this general permit;
or
b. Notifies the owner that the discharge is not eligible for
coverage under this general permit.
2. When the owner that was covered under the expiring or
expired general permit has violated or is violating the
conditions of that permit, the board may choose to do any
or all of the following:
a. Initiate enforcement action based upon coverage under
the 2009 general permit that has been continued;
b. Issue a notice of intent to deny coverage under the
reissued general permit. If the general permit coverage is
denied, the owner would then be required to cease the
discharges authorized by coverage under the 2009
continued general permit or be subject to enforcement
action for discharging without a permit;
c. Issue an individual permit with appropriate conditions;
or
d. Take other actions authorized by the VPDES Permit
Regulation (9VAC25-31).
9VAC25-190-60. Registration statement.
The owner shall file a complete general VPDES permit
registration statement, which will serve as a notice of intent
for coverage under the general permit for nonmetallic mineral
mining. Any owner proposing a new discharge shall file the
registration statement at least 30 days prior to the date
planned for operation of the mineral mine. Any owner of an
existing mineral mine covered by an individual VPDES
permit who is proposing to be covered by this general permit
shall file the registration statement at least 180 days prior to
the expiration date of the individual VPDES permit. Any
owner of an existing mineral mine covered by the general
VPDES permit for nonmetallic mineral mining that became
effective on June 30, 1999, who wishes to remain covered by
this general permit shall file a new registration statement in
accordance with the general permit requirements in order to
avoid a lapse in coverage. Any owner of an existing mineral
mine not currently covered by a VPDES permit who is
proposing to be covered by this general permit shall file the
registration statement. The required registration statement
shall contain the following information: A. The owner
seeking coverage under this general permit shall submit a
complete VPDES general permit registration statement in
accordance with this section, which shall serve as a notice of
intent for coverage under the general VPDES permit for
nonmetallic mineral mining facilities.
1. New facilities. Any owner proposing a discharge shall
submit a complete registration statement at least 45 days
prior to the date planned for commencement of the
discharge.
2. Existing facilities.
a. Any owner covered by an individual VPDES permit
that is proposing to be covered by this general permit
shall submit a complete registration statement at least
210 days prior to the expiration date of the individual
VPDES permit.
b. Any owner that was authorized to discharge under the
VPDES general permit for nonmetallic mineral mining
that became effective on July 1, 2009, and that intends to
continue coverage under this general permit shall submit
a complete registration statement to the board on or
before April 1, 2014.
B. Late registration statements. Registration statements for
existing facilities covered under subdivision A 2 b of this
section will be accepted after [ July 1 June 30 ], 2014, but
authorization to discharge will not be retroactive. Owners
described in subdivision A 2 b of this section that submit
registration statements after April 1, 2014, are authorized to
discharge under the provisions of 9VAC25-190-50 D if a
complete registration statement is submitted [ on or ] before
July 1, 2014.
C. The required registration statement shall contain the
following information:
1. Facility name, owner and operator or other contact
name, mailing address, email address, and telephone
number;
2. Project Facility name, county, location, latitude, and
longitude;
3. Description of mining activity;
4. Primary and secondary SIC codes;
5. Discharge information including:
a. A list of outfalls identified by outfall numbers;
b. Characterization of the type of each listed outfall's
discharge as either process wastewater, storm water, or
process wastewater commingled with storm water;
c. Characterization of the source of each listed outfall's
discharge as either mine pit dewatering, storm water
associated with industrial activity (see definition in
9VAC25-115-10) 9VAC25-190-10), storm water not
associated with industrial activity, ground water
infiltration, wastewater from vehicle and/or equipment
washing activities vehicle or equipment degreasing
activities, vehicle washing and return water from
operations where mined material is dredged, mined
material washing, noncontact cooling water,
miscellaneous plant cleanup wastewater, colocated
facility discharges (identify the colocated facility), other
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discharges not listed here (describe), or any combination
of the above;
d. The receiving stream, including wetlands for each
outfall listed;
e. The latitude and longitude for each outfall listed; and
f. Indicate which storm water outfalls will be
representative outfalls that require a single discharge
monitoring report (DMR). For storm water outfalls that
are to be represented by other outfall discharges, provide
a description of the activities associated with those
outfalls and explain why they are substantially the same
as the representative outfall to be sampled;
6. Indicate if the facility has a current VPDES permit and
the permit number if it does;
7. Description of wastewater treatment or reuse/recycle
systems or both;
8. List of any chemicals added to water that could be
discharged;
9. List of colocated facilities;
10. Indicate if the facility is a hazardous waste treatment,
storage or disposal facility;
11. Schematic drawing showing water flow from source to
water-using industrial operations to waste treatment and
disposal, and disposal of any solids removed from
wastewater;
12. Aerial photo or scale map that clearly shows the
property boundaries, plant site, drainage areas associated
with each outfall, locations of all mine pit dewatering,
existing, significant sources of materials exposed to
precipitation, storm water or process wastewater outfalls
and the receiving streams;
13. Evidence that the operation to be covered by this
general permit has a mining permit that has been approved
by the Virginia Department of Mines, Minerals and
Energy, Division of Mineral Mining (or associated
waivered program) under the provisions and requirements
of Title 45.1 of the Code of Virginia (or appropriate
bordering state authorization). Mineral mines owned and
operated by governmental bodies not subject to the
provisions and requirements of Title 45.1 of the Code of
Virginia are exempt from this requirement;
14. Mining permit number;
15. Indicate if the facility discharge storm water into a
Municipal Separate Storm Sewer System (MS4). If yes,
state the name of the MS4 operator. Whether the permitted
outfall will discharge to a municipal separate storm sewer
system (MS4). If so, provide the name of the MS4 owner.
The owner of the facility shall notify the MS4 owner in
writing of the existence of the discharge within 30 days of
coverage under the general permit and shall copy the DEQ
regional office with the notification. The notification shall
include the following information: the name of the facility,
a contact person and phone number, the location of the
discharge, the nature of the discharge, and the facility's
VPDES general permit number [ ; ]
16. Indicate if there are vehicle or equipment degreasing
activities performed on site. If yes, indicate if there is any
process wastewater generated from these activities [ .; ]
16. The owner shall not be authorized by this general
permit unless the discharge complies with Virginia's
antidegradation policy in the Water Quality Standards at
9VAC25-260-30. The department will notify the applicant
if authorization to discharge under this general permit will
not comply with the antidegradation requirements set forth
in 9VAC25-260-30.
17. Monitoring data to determine compliance with
9VAC25-260-310 m (Chickahominy special standards) as
per Part I B 14 of this permit [ .; ]
[ 18. Provide certification that the process water system is
designed to operate as "no discharge" if special condition
Part I B 17 is to apply to the facility. Identify the
emergency outfall number; and ]
17. [ 18. 19. ] The following certification:
"I certify under penalty of law that this document and all
attachments were prepared under my direction or
supervision in accordance with a system designed to
assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry
of the person or persons who manage the system or those
persons directly responsible for gathering the
information, the information submitted is to the best of
my knowledge and belief true, accurate, and complete. I
am aware that there are significant penalties for
submitting false information including the possibility of
fine and imprisonment for knowing violations."
D. The registration statement shall be signed in accordance
with 9VAC25-31-110.
E. Where to submit. The registration statement may be
delivered to the department by either postal or electronic mail
and shall be submitted to the DEQ regional office serving the
area where the industrial facility is located.
9VAC25-190-65. Termination of permit coverage.
(Repealed.)
A. The owner may terminate coverage under this general
permit by filing a complete notice of termination. The notice
of termination may be filed after one or more of the following
conditions have been met:
1. Operations have ceased at the facility and there are no
longer discharges of storm water associated with industrial
activity from the facility;
2. A new owner has assumed responsibility for the facility
(NOTE: A notice of termination does not have to be
submitted if a VPDES Change of Ownership Agreement
form has been submitted); or
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3. All storm water discharges associated with industrial
activity have been covered by an individual VPDES
permit.
B. The notice of termination shall contain the following
information:
1. Owner's name, mailing address and telephone number;
2. Facility name and location;
3. VPDES industrial storm water general permit number;
4. The basis for submitting the notice of termination,
including:
a. A statement indicating that a new owner has assumed
responsibility for the facility;
b. A statement indicating that operations have ceased at
the facility and there are no longer discharges of storm
water associated with industrial activity from the facility;
c. A statement indicating that all storm water discharges
associated with industrial activity have been covered by
an individual VPDES permit; or
d. A statement indicating that termination of coverage is
being requested for another reason (state the reason); and
5. The following certification: "I certify under penalty of
law that all storm water discharges associated with
industrial activity from the identified facility that are
authorized by this VPDES general permit have been
eliminated, or covered under a VPDES individual permit,
or that I am no longer the owner of the industrial activity,
or permit coverage should be terminated for another reason
listed above. I understand that by submitting this notice of
termination, that I am no longer authorized to discharge
storm water associated with industrial activity in
accordance with the general permit, and that discharging
pollutants in storm water associated with industrial activity
to surface waters is unlawful where the discharge is not
authorized by a VPDES permit. I also understand that the
submittal of this notice of termination does not release an
owner from liability for any violations of this permit or the
Clean Water Act."
C. The notice of termination shall be signed in accordance
with 9VAC25-190-70, Part III K.
D. The notice of termination shall be submitted to the DEQ
regional office serving the area where the industrial facility is
located.
9VAC25-190-70. General permit.
Any owner whose registration statement is accepted by the
board will receive coverage under the following permit and
shall comply with the requirements in it and be subject to all
requirements of the VPDES permit regulation, 9VAC25-31.
General Permit No.: VAG84
Effective date: July 1, 2009 July 1, 2014
Expiration date: June 30, 2014 June 30, 2019
GENERAL PERMIT FOR NONMETALLIC MINERAL
MINING
AUTHORIZATION TO DISCHARGE UNDER THE
VIRGINIA POLLUTANT DISCHARGE ELIMINATION
SYSTEM AND THE VIRGINIA STATE WATER
CONTROL LAW
In compliance with the provisions of the Clean Water Act,
as amended, and pursuant to the State Water Control Law and
regulations adopted pursuant to it, owners of nonmetallic
mineral mines are authorized to discharge to surface waters
within the boundaries of the Commonwealth of Virginia,
except those specifically named in board regulations or
policies which that prohibit such discharges.
The authorized discharge shall be in accordance with this
cover page, Part I - Effluent Limitations and, Monitoring
Requirements, and Special Conditions, Part II - Storm Water
Management, and Part III - Conditions Applicable to All
VPDES Permits, as set forth herein.
Part I
Effluent Limitations [ and, ] Monitoring Requirements [ , and
Special Conditions ]
A. Effluent limitations and monitoring requirements.
1. During the period beginning with the permittee's
coverage under this general permit and lasting until the
permit's expiration date, the permittee is authorized to
discharge process wastewater and commingled storm water
associated with industrial activity from outfall(s).
Such discharges shall be limited and monitored by the
permittee as specified below:
EFFLUENT
CHARACTERISTICS
DISCHARGE LIMITATIONS MONITORING REQUIREMENTS
Monthly
Average
Daily
Minimum Daily Maximum Frequency
(3) (1) Sample Type
Flow (MGD) NL NA NL 1/3 Months Estimate
Total Suspended
Solids (mg/l) 30 NA 60 1/3 Months Grab
pH (standard units)(2)
NA 6.0(1)
9.0(1)
1/3 Months Grab
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Total Petroleum
Hydrocarbons
(mg/l)(2) (3)
NA NA NL 1/3 Months Grab
NL = No Limitation, monitoring required
NA = Not Applicable (1)
Where the Water Quality Standards (9VAC25-260) establish alternate standards for pH, pH effluent limits may be adjusted
within the 6 to 9 S.U. range. (2)
Monitoring for Total Petroleum Hydrocarbons is only required for outfalls from vehicle/equipment washing facilities or
from discharges that pass through oil/water separators. (3)
Discharge Monitoring Reports (DMRs) of quarterly monitoring shall be submitted to the DEQ regional office no later than
the 10th day of April, July, October, and January. (1)
Discharge Monitoring Reports (DMRs) of quarterly monitoring shall be submitted to the DEQ regional office no later than
the 10th day of April, July, October, and January. (2)
Where the Water Quality Standards (9VAC25-260) establish alternate standards for pH, those standards shall be the
minimum and maximum pH effluent limits. (3)
Monitoring for total petroleum hydrocarbons is only required for outfalls that contain process wastewater from vehicle or
equipment degreasing activities. Total petroleum hydrocarbons shall be analyzed using EPA SW-846 Method 8015 B (1996),
8015C (2000), 8015C (2007), 8015 D (2003) for diesel range organics, or EPA 40 CFR 136.
2. There shall be no discharge of floating solids or visible foam in other than trace amounts.
3. 2. During the period beginning with the permittee's coverage under the general permit and lasting until the permit's
expiration date, the permittee is authorized to discharge storm water associated with industrial activity [ which that ] does not
combine with other wastewaters prior to discharge from outfall(s).
Such discharges shall be limited and monitored by the permittee as specified below:
EFFLUENT
CHARACTERISTICS
DISCHARGE LIMITATIONS MONITORING
REQUIREMENTS
Monthly
Average
Daily
Minimum
Daily
Maximum Frequency
(2) (1) Sample Type
Flow (MG) NA NA NL 1/Year Estimate(1)(2)
Total Suspended Solids (mg/l) NA NA NL(3)
1/Year Grab
pH (standard units) NA NL NL 1/Year Grab
NL = No Limitation, monitoring required
NA = Not applicable (1)
Discharge Monitoring Reports (DMRs) of yearly monitoring (January 1 to December 31) shall be submitted to the DEQ
regional office no later than the 10th day of January. (1)(2)
Estimate of the total volume of the discharge during the storm event. (2)
Discharge Monitoring Reports (DMRs) of yearly monitoring (January 1 to December 31) shall be submitted to the DEQ
regional office no later than the 10th day of January. (3)
Refer to Part I B 13 12 should the TSS evaluation monitoring exceed 100 mg/l daily maximum.
4. All samples taken to meet the monitoring requirements
specified above in Part I A 3 shall be collected on a storm
event that results in an actual discharge (defined as a
"measurable storm event") that follows the preceding
measurable storm event by at least 72 hours (three days).
The 72-hour (three-day) storm interval does not apply if
the permittee is able to document that less than a 72-hour
(three-day) interval is representative for local storm events
during the sampling period. The grab sample shall be taken
during the first 30 minutes of the storm water discharge. If
the collection of a grab sample during the first 30 minutes
is impracticable, a grab sample can be taken during the
first hour of the discharge, and the permittee shall submit
with the monitoring report a description of why a grab
sample during the first 30 minutes was impracticable. In
the case of snowmelt or a discharge from a storm water
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settling lagoon, a representative sample shall be taken at
the time the discharge occurs.
B. Special conditions.
1. Vehicles and equipment utilized during the industrial
activity on a site must be operated and maintained in such
a manner as to prevent the potential or actual point source
pollution of the surface or groundwaters of the state. Fuels,
lubricants, coolants, and hydraulic fluids, or any other
petroleum products, shall not be disposed of by
discharging on the ground or into surface waters. Spent
fluids shall be disposed of in a manner so as not to enter
the surface or groundwaters of the state and in accordance
with the applicable state and federal disposal regulations.
Any spilled fluids shall be cleaned up to the maximum
extent practicable and disposed of in a manner so as not to
allow their entry into the surface or groundwaters of the
state.
2. No sewage shall be discharged from this mineral mining
activity except under the provisions of another VPDES
permit specifically issued for that purpose.
3. There shall be no chemicals added to the discharge,
other than those listed on the owner's approved registration
statement.
4. The permittee shall submit a new registration statement
if the mining permit approved by the Division of Mineral
Mining (or associated waivered program, or bordering state
mine authority) is modified or reissued in any way that
would affect the outfall location or the characteristics of a
discharge covered by this general permit. Government
owned and operated mines without mining permits shall
submit the registration statement whenever outfall location
or characteristics are altered. The new registration
statement shall be filed within 30 days of the outfall
relocation or change in the characteristics of the discharge.
5. The permittee shall notify the department as soon as
they know or have reason to believe:
a. That any activity has occurred or will occur [ which
that ] would result in the discharge, on a routine or
frequent basis, of any toxic pollutant [ which that ] is not
limited in this permit, if that discharge will exceed the
highest of the following notification levels:
(1) One hundred micrograms per liter (100 μg/l);
(2) Two hundred micrograms per liter (200 μg/l) for
acrolein and acrylonitrile; five hundred micrograms per
liter (500 μg/l) for 2,4-dinitrophenol and for 2-methyl-
4,6-dinitrophenol; and one milligram per liter (1 mg/l)
for antimony;
(3) Five times the maximum concentration value reported
for that pollutant in the permit application; or
(4) The level established by the board.
b. That any activity has occurred or will occur [ which
that ] would result in any discharge, on a nonroutine or
infrequent basis, of a toxic pollutant [ which that ] is not
limited in this permit, if that discharge will exceed the
highest of the following notification levels:
(1) Five hundred micrograms per liter (500 μg/l);
(2) One milligram per liter (1 mg/l) for antimony;
(3) Ten times the maximum concentration value reported
for that pollutant in the permit application; or
(4) The level established by the board.
6. This permit shall be modified, or alternatively revoked
and reissued, to comply with any applicable effluent
standard or limitation or prohibition for a pollutant which
is promulgated or approved under § 307(a)(2) of the
federal Clean Water Act, if the effluent standard or
limitation so issued or approved:
a. Is more stringent than any effluent limitation on the
pollutant already in the permit; or
b. Controls any pollutant not limited in the permit.
7. 6. Except as expressly authorized by this permit, no
product, materials, industrial wastes, or other wastes
resulting from the purchase, sale, mining, extraction,
transport, preparation, or storage of raw or intermediate
materials, final product, by-product or wastes, shall be
handled, disposed of, or stored so as to permit a discharge
of such product, materials, industrial wastes, or other
wastes to state waters.
8. 7. There shall be no discharge of process wastewater
pollutants from colocated asphalt paving materials
operations. For the purposes of this special condition,
process wastewater pollutants are any pollutants present in
water used in asphalt paving materials manufacturing
[ which that ] come into direct contact with any raw
materials, intermediate product, by-product or product
related to the asphalt paving materials manufacturing
process.
9. 8. Process water may be used on site for the purpose of
dust suppression. Dust suppression shall be carried out as a
best management practice but not as a wastewater disposal
method provided that ponding or direct runoff run-off from
the site does not occur during or immediately following its
application.
10. 9. Process water from mine dewatering may be
provided to local property owners for beneficial
agricultural use.
11. Vehicle/equipment washing shall include washing with
detergents or steam cleaning of engines and other drive
components in which the purpose is to clean and decrease
the equipment for maintenance and other purposes. The
application of water without detergent to a vehicle exterior
for the purpose of removing is excluded.
10. There shall be no discharge of floating solids or visible
foam in other than trace amounts [ from process water
discharges ]. There shall be no solids deposition or oil
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sheen from petroleum products [ in discharged to ] surface
water as a result of the industrial activity [ in the vicinity of
the outfall ].
12. 11. The permittee shall report at least two significant
digits for a given parameter. Regardless of the rounding
convention used (i.e., [ 5 five ] always rounding up or to
the nearest even number) by the permittee, the permittee
shall use the convention consistently and shall ensure that
consulting laboratories employed by the permittee use the
same convention.
13. 12. Storm water monitoring total suspended solids
(TSS) Evaluation. Permittees that monitor storm water
associated with industrial activity [ which that ] does not
combine with other wastewaters prior to discharge shall
review the results of the TSS monitoring required by Part I
A 3 2 to determine if changes to the storm water pollution
prevention plan (SWPPP) may be necessary. If the TSS
monitoring results are greater than the evaluation value of
100 mg/l, then the permittee shall perform the inspection
and maintain documentation as described in Part II H 3 d
for that outfall. Any deficiencies noted during the
inspection shall be corrected in a timely manner.
14. 13. Discharges to waters subject to TMDL waste load
allocations. Facilities Owners of facilities that are a source
of the specified pollutant of concern to waters for which a
total maximum daily load (TMDL) waste load allocation
has been established by the board and approved by EPA
prior to the term of this permit shall incorporate measures
and controls into the SWPPP required by Part II that are
consistent with the assumptions and requirements of the
TMDL. The department will provide written notification to
the owner that a facility is subject to the TMDL
requirements. If the TMDL establishes a numeric
wasteload allocation that applies to discharges from the
facility, the owner shall perform any required monitoring
in accordance with Part I A and implement measures
necessary to meet that allocation.
14. Discharges in the entire Chickahominy watershed
above Walker's Dam (excluding discharges consisting
solely of storm water) shall also meet the effluent
limitations in 9VAC25-260-310 m (special standards and
requirements) of the January 6, 2011, water quality
standards regulation. These limitations are BOD5 (6.0 mg/l
average and 8.0 mg/l maximum), total suspended solids
(TSS) (5.0 mg/l average and 7.5 mg/l maximum), total
phosphorus (0.10 mg/l average), ammonia as nitrogen (2.0
mg/l average), and settleable solids (0.1 mg/l average).
These parameters, except for TSS, shall be monitored once
per calendar year and the data submitted with the next
registration statement (for the 2019 reissuance). TSS data
shall be monitored and submitted with the Part I A DMR.
15. There shall be no discharge or storm water discharge-
related activities that cause or contribute to a violation of
water quality standards or that adversely affect aquatic life.
The discharges authorized by this permit shall be
controlled as necessary to meet applicable water quality
standards.
16. Inactive and unstaffed facilities (including temporarily
inactive sites).
a. A waiver of the process and storm water monitoring
and routine inspections may be exercised by the board at
a facility that is both inactive and unstaffed as long as the
facility remains inactive and unstaffed. Such a facility is
required to conduct an annual comprehensive site
inspection in accordance with the requirements in Part II
H 4. No DMR reports will be required to be submitted
when a facility is approved as inactive and unstaffed.
b. An inactive and unstaffed sites waiver request shall be
submitted to the board for approval and shall include the
name of the facility; the facility's VPDES general permit
registration number; a contact person, phone number, and
email address (if available); the reason for the request;
and the date the facility became or will become inactive
and unstaffed. The waiver request shall be signed and
certified in accordance with Part III K. If this waiver is
granted, a copy of the request and the board's written
approval of the waiver shall be maintained with the
SWPPP.
c. To reactivate the site the permittee shall notify the
department within 30 days [ or an alternate timeframe if
written approval is received in advance from the board ],
and all process and storm water monitoring and routine
inspections shall be resumed immediately. This
notification must be submitted to the department, signed
in accordance with Part III K, and retained on site at the
facility covered by this permit in accordance with Part III
B.
d. The board retains the authority to revoke this waiver
when it is determined that the discharge causes, has a
reasonable potential to cause, or contributes to a water
quality standards violation.
[ 17. Process water systems designed to operate as "no
discharge" shall have no discharge of wastewater or
pollutants, except in storm events greater than a 25-year,
24-hour storm event. In the event of such a discharge, the
permittee shall report an unusual or extraordinary
discharge per Part III H of this permit. No sampling or
DMR is required for these discharges as they are
considered to be discharging in emergency discharge
conditions. These discharges shall not contravene the
Water Quality Standards (9VAC25-260), as adopted and
amended by the board, or any provision of the State Water
Control Law. Any other discharge from this type of system
is prohibited, and shall be reported as an unauthorized
discharge per Part III G of this permit. ]
[ 17. 18. ] Notice of termination.
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a. The owner may terminate coverage under this general
permit by filing a complete notice of termination. The
notice of termination may be filed after one or more of
the following conditions have been met:
(1) Operations have ceased at the facility and there are no
longer discharges of process wastewater or storm water
associated with the industrial activity;
(2) A new owner has assumed responsibility for the
facility (NOTE: A notice of termination does not have to
be submitted if a VPDES Change of Ownership
Agreement Form has been submitted);
(3) All discharges associated with this facility have been
covered by an individual VPDES permit or an alternative
VPDES permit; or
(4) Termination of coverage is being requested for
another reason, provided the board agrees that coverage
under this general permit is no longer needed.
b. The notice of termination shall contain the following
information:
(1) Owner's name, mailing address, telephone number,
and email address (if available);
(2) Facility name and location;
(3) VPDES general permit registration number for the
facility; and
(4) The basis for submitting the notice of termination,
including:
(a) A statement indicating that a new owner has assumed
responsibility for the facility;
(b) A statement indicating that operations have ceased at
the facility, a closure plan has been implemented
according to the O & M Manual, and there are no longer
discharges from the facility;
(c) A statement indicating that all discharges have been
covered by an individual VPDES permit; or
(d) A statement indicating that termination of coverage is
being requested for another reason (state the reason).
c. The following certification:
"I certify under penalty of law that all wastewater and
storm water discharges from the identified facility that
are authorized by this VPDES general permit have been
eliminated, or covered under a VPDES individual or
alternative permit, or that I am no longer the owner of the
facility, or permit coverage should be terminated for
another reason listed above. I understand that by
submitting this notice of termination, that I am no longer
authorized to discharge nonmetallic mineral mining
wastewater or storm water in accordance with the general
permit, and that discharging pollutants to surface waters
is unlawful where the discharge is not authorized by a
VPDES permit. I also understand that the submittal of
this notice of termination does not release an owner from
liability for any violations of this permit or the Clean
Water Act."
d. The notice of termination shall be submitted to the
department and signed in accordance with Part III K.
Part II
Storm Water Management
A. Recording of results.
1. Additional information. In addition to any reporting
requirements of Part III, for each measurement or sample
taken pursuant to the storm event monitoring requirements
of this permit, the permittee shall record and report with
the discharge monitoring report the following information:
a. The date and duration (in hours) of the storm events
sampled; and
b. The rainfall measurements or estimates (in inches) of
the storm event which generated the sampled discharge.
2. Additional reporting. In addition to filing copies of
discharge monitoring reports in accordance with Part III,
permittees with at least one storm water discharge
associated with industrial activity through a large or
medium municipal separate storm sewer system (systems
serving a population of 100,000 or more) or a municipal
system designated by the board must submit signed copies
of discharge monitoring reports to the operator of the
municipal separate storm sewer system at the same time.
A. Monitoring instructions.
1. Collection and analysis of samples. Sampling
requirements shall be assessed on an outfall-by-outfall
basis. Samples shall be collected and analyzed in
accordance with the requirements of Part III A.
2. When and how to sample.
a. In the case of snowmelt or a discharge from a storm
water management structure (a series of settling lagoons),
a representative sample shall be taken at the time the
discharge occurs.
b. For all other types of storm water discharges, a
minimum of one grab sample shall be taken resulting
from a storm event that results in an actual discharge
from the site (defined as a "measurable storm event"),
providing the interval from the preceding measurable
storm event is at least 72 hours. The 72-hour storm
interval is waived if the permittee is able to document
with the discharge monitoring report (DMR) that less
than a 72-hour interval is representative for local storm
events during the sampling period. The grab sample shall
be taken during the first 30 minutes of the discharge. If it
is not practicable to take the sample during the first 30
minutes, the sample may be taken during the first three
hours of discharge provided that the permittee explains
with the DMR why a grab sample during the first 30
minutes was impracticable.
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B. Representative discharge. When a facility has two or
more exclusively storm water outfalls that the permittee
reasonably believes discharge substantially identical
effluents, based on a consideration of similarity of industrial
activity, significant materials, and management practices and
activities within the area drained by the outfalls, then the
permittee may submit information with the registration
statement substantiating the request for only one DMR to be
issued for the outfall to be sampled that represents one or
more substantially identical outfalls. Also the permittee may
must list on the discharge monitoring report DMR of the
outfall to be sampled all outfall locations that are represented
by the discharge.
C. Sampling waiver waivers. 1. Adverse conditions. When a
permittee is unable to collect samples within a specified
sampling period due to adverse climatic conditions, the
permittee shall collect a substitute sample from a separate
qualifying event in the next period and submit these data
along with the data for the routine sampling in that period.
When a permittee is unable to conduct storm water
monitoring within the specified sampling period due to no
measurable storm event or adverse weather conditions,
documentation shall be submitted explaining the permittee's
inability to conduct the storm water monitoring. The
documentation must include [ at least four the ] dates and
[ the ] times [ that ] the outfalls were viewed and sampling
was attempted. Adverse weather conditions that may prohibit
the collection of samples include weather conditions that
create dangerous conditions for personnel (such as local
flooding, high winds, hurricane, tornadoes, electrical storms,
etc.) or otherwise make the collection of a sample
impracticable (drought, extended frozen conditions, etc.).
Acceptable documentation includes but is not limited to
National Climatic Data Center [ Weather weather ] station
data, local weather station data, facility rainfall logs, and
other appropriate supporting data. All documentation shall
also be maintained with the SWPPP.
2. Inactive and unstaffed facilities. When a permittee is
unable to conduct the storm water sampling required at an
inactive and unstaffed facility, the permittee may exercise
a waiver of the monitoring requirements as long as the
facility remains inactive and unstaffed. The permittee must
submit to the department, in lieu of monitoring data, a
certification statement on the discharge monitoring report
stating that the facility is inactive and unstaffed so that
collecting a sample during a qualifying event is not
possible. The requirement for a quarterly visual assessment
does not apply at a facility that is inactive and unstaffed, as
long as there are no industrial materials or activities
exposed to stormwater.
D. Storm water pollution prevention plans (SWPPP). A
storm water pollution prevention plan shall be developed for
each facility covered by this permit. Storm water pollution
prevention plans shall be prepared in accordance with good
engineering practices. The plan shall identify potential
sources of pollution which may reasonably be expected to
affect the quality of storm water discharges associated with
industrial activity from the facility. In addition, the plan shall
describe and ensure the implementation of practices which
are to be used to reduce the pollutants in storm water
discharges associated with industrial activity at the facility
and to assure compliance with the terms and conditions of
this permit. Facilities must implement the provisions of the
storm water pollution prevention plan required under this part
as a condition of this permit. An SWPPP shall be developed
and implemented for the facility. The plan shall include best
management practices (BMPs) that are reasonable,
economically practicable, and appropriate in light of current
industry practices. The BMPs shall be selected, designed,
installed, implemented, and maintained in accordance with
good engineering practices to eliminate or reduce the
pollutants in all storm water discharges from the facility. The
SWPPP shall also include all control measures necessary for
the storm water discharges to meet applicable water quality
standards.
The storm water pollution prevention plan [ ( ] SWPPP [ ) ]
requirements of this general permit may be fulfilled, in part,
by incorporating by reference other plans or documents such
as an erosion and sediment control plan, a mine drainage plan
as required by the Virginia Division of Mineral Mining, a
spill prevention control and countermeasure (SPCC) plan
developed for the facility under § 311 of the federal Clean
Water Act or best management practices (BMP) BMP
programs otherwise required for the facility provided that the
incorporated plan meets or exceeds the plan requirements of
Part II H (contents of plan). If an erosion and sediment
control plan is being incorporated by reference, it shall have
been approved by the locality in which the activity is to occur
or by another appropriate plan-approving authority authorized
under the Virginia Erosion and Sediment Control
Regulations, 4VAC50-30. All plans incorporated by reference
into the storm water pollution prevention plan SWPPP
become enforceable under this permit. If a plan incorporated
by reference does not contain all of the required elements of
the storm water pollution prevention plan of Part II H, the
permittee must develop the missing plan SWPPP elements
and include them in the required storm water pollution
prevention plan.
E. Deadlines for plan preparation and compliance.
1. Existing facilities and new facilities that begin operation
on or before July 1, 2009, shall prepare and implement a
plan incorporating the storm water pollution prevention
plan requirements of this permit, if not included in an
existing plan, as expeditiously as practicable, but not later
than July 1, 2010. Existing storm water pollution
prevention plans being implemented as of July 1, 2009
shall continue to be implemented until a new plan is
developed and implemented.
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2. Facilities that begin operation after July 1, 2009, shall
prepare and implement a plan incorporating the
requirements of this permit prior to submitting the
registration statement.
1. Owners of existing facilities that were covered under the
2009 Nonmetallic Mineral Mining General Permit that are
continuing coverage under this general permit shall update
and implement any revisions to the SWPPP within 90 days
of the board granting coverage under this permit.
2. Owners of new facilities, facilities previously covered
by an expiring individual permit, and existing facilities not
currently covered by a VPDES permit that elect to be
covered under this general permit shall prepare and
implement the SWPPP prior to submitting the registration
statement.
3. Where the owner of an existing facility that is covered
by this permit changes, the new owner of the facility shall
update and implement any revisions to the SWPPP within
60 days of ownership change.
4. Upon a showing of good cause, the director may
establish a later date in writing for the preparation and
compliance with the SWPPP.
F. Signature and plan review.
1. The plan SWPPP shall be signed in accordance with Part
III K (signatory requirements), and be retained on-site on
site at the facility covered by this permit in accordance
with Part III B (records) of this permit. When there are no
on-site buildings or offices in which to store the plan, it
shall be kept at the nearest company office.
2. The permittee shall make the storm water pollution
prevention plan SWPPP, annual site compliance inspection
report, or other information available to the department
upon request.
3. The director, or an authorized representative, may notify
the permittee at any time that the plan does SWPPP,
BMPs, or other components of the facility's storm water
program do not meet one or more of the minimum
requirements of this part. Such notification shall identify
those specific provisions of the permit which that are not
being met by the plan, and identify which provisions of the
plan require modifications in order to meet the minimum
requirements of this part and may include required
modifications to the storm water program, additional
monitoring requirements, and special reporting
requirements. Within 60 days of such notification from the
director, or as otherwise provided by the director, or an
authorized representative, the permittee shall make the
required changes to the plan and shall submit to the
department a written certification that the requested
changes have been made.
G. Keeping plans current. The permittee shall amend the
plan whenever there is a change in design, construction,
operation, or maintenance, which has a significant effect on
the potential for the discharge of pollutants to surface waters
of the state or if the storm water pollution prevention plan
proves to be ineffective in eliminating or significantly
minimizing pollutants from sources identified under Part II H
2 (description of potential pollutant sources) of this permit, or
in otherwise achieving the general objectives of controlling
pollutants in storm water discharges associated with industrial
activity. New owners shall review the existing plan and make
appropriate changes. Amendments to the plan may be
reviewed by the department in the same manner as described
in Part II F. Maintaining an updated SWPPP. The permittee
shall review and amend the SWPPP as appropriate whenever:
1. There is construction or a change in design, operation, or
maintenance that has a significant effect on the discharge
or the potential for the discharge of pollutants to surface
waters;
2. Routine inspections or compliance evaluations
determine that there are deficiencies in the BMPs;
3. Inspections by local, state, or federal officials determine
that modifications to the SWPPP are necessary;
4. There is a spill, leak, or other release at the facility; or
5. There is an unauthorized discharge from the facility.
SWPPP modifications shall be made within 30 calendar
days after discovery, observation, or an event requiring an
SWPPP modification. Implementation of new or modified
BMPs (distinct from regular preventive maintenance of
existing BMPs described in Part II H 3 b (preventative
maintenance) shall be initiated before the next storm event if
possible, but no later than 60 days after discovery, or as
otherwise provided or approved by the director. The amount
of time taken to modify a BMP or implement additional
BMPs shall be documented in the SWPPP.
If the SWPPP modification is based on a release or
unauthorized discharge, include a description and date of the
release, the circumstances leading to the release, actions taken
in response to the release, and measures to prevent the
recurrence of such releases. Unauthorized releases and
discharges are subject to the reporting requirements of Part III
G of this permit.
H. Contents of plan. The plan shall include, at a minimum,
the following items:
1. Pollution prevention team. Each plan shall identify a
specific individual or individuals within the facility
organization as members of a storm water pollution
prevention team that are responsible for developing the
storm water pollution prevention plan and assisting the
facility or plant manager in its implementation,
maintenance, and revision. The plan shall clearly identify
the responsibilities of each team member. The activities
and responsibilities of the team shall address all aspects of
the facility's storm water pollution prevention plan. Each
plan shall identify the staff individuals by name or title
who comprise the facility's storm water pollution
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prevention team. The pollution prevention team is
responsible for assisting the facility or plant manager in
developing, implementing, maintaining, revising, and
ensuring compliance with the facility's SWPPP. Specific
responsibilities of each staff individual on the team shall be
identified and listed.
2. Description of potential pollutant sources. Each plan
shall provide a description of potential sources which may
reasonably be expected to add significant amounts of
pollutants to storm water discharges or which may result in
the discharge of pollutants during dry weather from
separate storm sewers draining the facility. Each plan shall
identify all activities and significant materials which may
potentially be significant pollutant sources. Each plan shall
include, at a minimum: Summary of potential pollutant
sources. The plan shall identify where industrial materials
or activities at the facility are exposed to storm water. The
description shall include:
a. Drainage. Site map. The site map shall document:
(1) A site map indicating an An outline of the portions of
the drainage area of each storm water outfall that are
within the facility boundaries, each existing structural
control measure to reduce pollutants in storm water run-
off, surface water bodies, locations where significant
materials are exposed to precipitation, locations where
major spills or leaks identified under Part II H 2 c (spills
and leaks) of this permit have occurred, and the locations
of the following activities where such activities are
exposed to precipitation: fueling stations, vehicle and
equipment maintenance and/or or equipment degreasing,
cleaning areas, loading/unloading areas, locations used
for the treatment, storage or disposal of wastes and
wastewaters, liquid storage tanks, processing areas and
storage areas. The map must indicate all outfall locations.
The types of discharges contained in the drainage areas
of the outfalls must be indicated either on the map or in
an attached narrative.
(2) For each area of the facility that generates storm
water discharges associated with industrial activity with a
reasonable potential for containing significant amounts of
pollutants, a prediction of the direction of flow, locations
of storm water conveyances, including ditches, pipes,
swales, and inlets, and the directions of storm water flow
and an identification of the types of pollutants which that
are likely to be present in storm water discharges
associated with industrial activity. Factors to consider
include the toxicity of the chemicals; quantity of
chemicals used, produced or discharged; the likelihood of
contact with storm water; and history of significant leaks
or spills or leaks of toxic or hazardous pollutants. Flows
with a significant potential for causing erosion shall be
identified.
b. Inventory of exposed materials. An inventory of the
types of materials handled at the site that potentially may
be exposed to precipitation. Such inventory shall include
a narrative description of significant materials that have
been handled, treated, stored or disposed in a manner to
allow exposure to storm water between the time of three
years prior to the date of coverage under this general
permit and the present; method and location of on-site
storage or disposal; materials management practices
employed to minimize contact of materials with storm
water run-off between the time of three years prior to the
date of coverage under this general permit and the
present; the location and a description of existing
structural and nonstructural control measures to reduce
pollutants in storm water run-off; and a description of
any treatment the storm water receives. A list of the
industrial materials or activities, including but not limited
to material handling equipment or activities, industrial
machinery, raw materials, industrial production and
processes, intermediate products, by-products, final
products, and waste products. Material handling activities
include but are not limited to the storage, loading and
unloading, transportation, disposal, or conveyance of any
raw material, intermediate product, final product, or
waste product.
c. Spills and leaks. A list of significant spills and
significant leaks of toxic or hazardous pollutants that
occurred at areas that are exposed to precipitation or that
otherwise drain to a storm water conveyance at the
facility after the date of three years prior to the date of
coverage under this general permit. Such list shall be
updated as appropriate during the term of the permit.
d. Sampling data. A summary of existing discharge
sampling data describing pollutants in storm water
discharges from the facility, including a summary of
sampling data collected during the term of this permit.
storm water sampling data taken at the facility. The
summary shall include, at a minimum, any data collected
during the previous three years.
e. Risk identification and summary of potential pollutant
sources. A narrative description of the potential pollutant
sources from the following activities: loading and
unloading operations; outdoor storage activities; outdoor
manufacturing or processing activities; significant dust or
particulate generating processes; and on-site waste
disposal practices. The description shall specifically list
any significant potential source of pollutants at the site
and for each potential source, any pollutant or pollutant
parameter (e.g., biochemical oxygen demand, etc.) of
concern shall be identified.
3. Measures and controls. Each facility covered by this
permit shall develop a description of storm water
management controls appropriate for the facility, and
implement such controls. The appropriateness and
priorities of controls in a plan shall reflect identified
potential sources of pollutants at the facility. Storm water
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controls. BMPs shall be implemented for all areas
identified in Part II H 2 b (inventory of exposed materials)
to prevent or control pollutants in storm water discharges
from the facility. All reasonable steps shall be taken to
control or address the quality of discharges from the site
that may not originate at the facility. The SWPPP shall
describe the type, location, and implementation of all
BMPs for each area where industrial materials or activities
are exposed to storm water. The description of storm water
management controls BMPs shall also address the
following minimum components, including a schedule for
implementing such controls:
a. Good housekeeping. Good housekeeping requires the
maintenance of areas [ which that ] may contribute
pollutants to storm water discharges in a clean, orderly
manner. The plan shall describe procedures performed to
minimize contact of materials with storm water run-off.
Particular attention should be paid to areas where raw
materials are stockpiled, material handling areas, storage
areas, liquid storage tanks, vehicle fueling and
maintenance areas, and loading/unloading areas.
b. Preventive maintenance. A preventive maintenance
program shall involve timely inspection and maintenance
of storm water management devices (e.g., cleaning
oil/water separators, catch basins) as well as inspecting
and testing facility regular inspection, testing,
maintenance, and repairing of all industrial equipment
and systems to uncover conditions that could cause avoid
breakdowns or failures resulting in discharges of
pollutants to surface waters, and ensuring appropriate
maintenance of such equipment and systems. that could
result in leaks, spills, and other releases. All BMPs
identified in the SWPPP shall be maintained in effective
operating condition. The SWPPP shall include a
description of procedures and a regular schedule for
preventive maintenance and observation of all BMPs and
shall include a description of the back-up practices that
are in place should a run-off event occur while a BMP is
off line or not operating effectively. The effectiveness of
nonstructural BMPs shall also be maintained by
appropriate means (e.g., spill response supplies available
and personnel trained). If site inspections required by
Part II H 3 d (routine facility inspections) or Part II H 4
(comprehensive site compliance evaluation) identify
BMPs that are not operating effectively, repairs or
maintenance shall be performed before the next
anticipated storm event. If maintenance prior to the next
anticipated storm event is not possible, maintenance shall
be scheduled and accomplished as soon as practicable.
Documentation shall be kept with the SWPPP of
maintenance and repairs of BMPs, including the date(s)
of regular maintenance, date(s) of discovery of areas in
need of repair or replacement, date(s) for repairs, date(s)
that the BMP(s) returned to full function, and the
justification for an extended maintenance or repair
schedules. The maintenance program shall require
periodic removal of debris from discharge diversions and
conveyance systems. Permittees using settling basins to
control their effluents must provide maintenance
schedules for such basins in the pollution prevention
plan.
c. Spill prevention and response procedures. Areas where
potential spills which can contribute pollutants to storm
water discharges can occur, and their accompanying
drainage points shall be identified clearly in the storm
water pollution prevention plan. Where appropriate,
specifying material handling procedures, storage
requirements, and use of equipment such as diversion
valves in the plan should be considered. Procedures for
cleaning up spills shall be identified in the plan and made
available to the appropriate personnel. The necessary
equipment to implement a clean up should be available to
personnel. The plan shall describe the procedures that
will be followed for preventing and responding to spills
and leaks, including barriers between material storage
and traffic areas, secondary containment provisions,
procedures for material storage and handling, response
procedures for notification of appropriate facility
personnel, emergency agencies, and regulatory agencies
and procedures for stopping, containing, and cleaning up
spills. Measures for cleaning up hazardous material spills
or leaks shall be consistent with applicable RCRA
regulations at 40 CFR Part 264 and 40 CFR Part 265.
Employees who may cause, detect, or respond to a spill
or leak shall be trained in these procedures and have
necessary spill response equipment available. If possible,
one of these individuals shall be a member of the
pollution prevention team. Contact information for
individuals and agencies that must be notified in the
event of a spill shall be included in the SWPPP and in
other locations where it will be readily available.
d. Inspections. Routine facility inspections.
(1) Facility personnel who are familiar with the mining
activity, the best management practices and the storm
water pollution prevention plan shall be identified to
inspect material storage and handling areas, including but
not limited to areas where aggregate is stockpiled
outdoors, liquid storage tanks, hoppers or silos, vehicle
and equipment maintenance areas, cleaning and fueling
areas, material handling vehicles and designated material
handling vehicles, equipment, and processing areas of the
facility; to inspect vehicle and equipment maintenance
areas and cleaning and fueling areas; to inspect best
management practices; and to conduct visual
examinations of storm water associated with industrial
activity.
(2) The inspection frequency shall be specified in the
plan based upon a consideration of the level of industrial
activity at the facility, but shall be a minimum of
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quarterly. Inspections of best management practices shall
include inspection of storm water discharge diversions,
conveyance systems, sediment control and collection
systems, containment structures, vegetation, serrated
slopes, and benched slopes to determine their
effectiveness, the integrity of control structures, if soil
erosion has occurred, or if there is evidence of actual or
potential discharge of contaminated storm water.
(3) [ Visual Quarterly visual ] examinations of storm
water discharges associated with industrial activity shall
include examination of storm water samples
representative of storm event discharges from the facility
and observation of color, odor, clarity, floating solids,
settled solids, suspended solids, foam, oil sheen, and
other obvious indicators of storm water pollution.
(4) Site inspection, best management practices inspection
and visual examination results must be documented and
maintained on-site with the facility pollution prevention
plan SWPPP. Documentation for visual examinations of
storm water shall include the examination date and time,
examination personnel, outfall location, the nature of the
discharge, visual quality of the storm water discharge and
probable sources of any observed storm water
contamination. [ Part II A regarding monitoring
instructions, ] Part II B regarding representative
discharges [ , ] and Part II C regarding sampling waivers
shall apply to the taking of samples for visual
examination except that (i) the documentation required
by these sections shall be retained with the storm water
pollution prevention plan SWPPP visual examination
records rather than submitted to the department, and (ii)
substitute sampling for waivered sampling is not required
if the proper documentation is maintained.
(5) A set of tracking or followup procedures shall be used
to ensure that appropriate actions are taken in response to
the inspections.
e. Employee training. Employee training programs shall
inform personnel responsible for implementing activities
identified in the storm water pollution prevention plan or
otherwise responsible for storm water management at all
levels of responsibility of the components and goals of
the storm water pollution prevention plan. Training
should address topics such as spill response, good
housekeeping and material management practices. A
pollution prevention plan shall identify periodic dates for
such training.
f. Recordkeeping and internal reporting procedures. A
description of incidents such as spills, or other
discharges, along with other information describing the
quality and quantity of storm water discharges shall be
included in the plan required under this part. Inspections
and maintenance activities shall be documented and
records of such activities shall be incorporated into the
plan. Ineffective best management practices must be
recorded and the date of their corrective action noted.
g. Sediment and erosion control. The plan shall identify
areas which, due to topography, activities, or other
factors, have a high potential for significant soil erosion,
and identify structural, vegetative, or stabilization
measures to be used to limit erosion. Permittees must
indicate the location and design for proposed best
management practices to be implemented prior to land
disturbance activities. For sites already disturbed but
without best management practices, the permittee must
indicate the location and design of best management
practices that will be implemented. The permittee is
required to indicate plans for grading, contouring,
stabilization, and establishment of vegetative cover for
all disturbed areas, including road banks. that, due to
topography, land disturbance (e.g., construction,
landscaping, site grading), or other factors, have a
potential for soil erosion. The permittee shall identify and
implement structural, vegetative, or stabilization BMPs
to prevent or control on-site and off-site erosion and
sedimentation.
h. Management of run-off. The plan shall contain a
narrative consideration of the appropriateness of
traditional storm water management practices (practices
other than those which control the generation or sources
of pollutants) used to divert, infiltrate, reuse, or otherwise
manage storm water run-off in a manner that reduces
pollutants in storm water discharges from the site. The
plan shall provide that measures that the permittee
determines to be reasonable and appropriate shall be
implemented and maintained. The potential of various
sources at the facility to contribute pollutants to storm
water discharges associated with industrial activity (see
Part II H 2 (description of potential pollutant sources) of
this permit) shall be considered when determining
reasonable and appropriate measures. describe the storm
water run-off management practices (i.e., permanent
structural BMPs) for the facility. These types of BMPs
are typically used to divert, infiltrate, reuse, or otherwise
reduce pollutants in storm water discharges from the site.
Appropriate measures may include: vegetative swales
and practices, reuse of collected storm water (such as for
a process or as an irrigation source), inlet controls (such
as oil/water separators), snow management activities,
infiltration devices, and wet detention/retention devices.
4. Comprehensive site compliance evaluation. Facility
personnel who are familiar with the mining activity, the
best management practices and the storm water pollution
prevention plan BMPs, and the SWPPP shall conduct site
compliance evaluations at appropriate intervals specified in
the plan, but in no case less frequently than once a year for
active sites. When annual compliance evaluations are
shown in the plan to be impractical for inactive mining
sites due to remote location and inaccessibility, site
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evaluations must be conducted at least once every three
years. Evaluations shall include all areas where industrial
materials or activities are exposed to storm water as
identified in Part II H 2 b (inventory exposed materials).
Such evaluations shall include the following:
a. Areas contributing to a storm water discharge
associated with industrial activity, including material
storage and handling areas; liquid storage tanks; hoppers
or silos; vehicle and equipment maintenance, cleaning,
and fueling areas; material handling vehicles; equipment
and processing areas; and areas where aggregate is
stockpiled outdoors (e.g., areas where aggregate is
stockpiled outdoors, liquid storage tanks, hoppers or
silos, material handling vehicles, equipment, and
processing areas); vehicle and equipment maintenance
areas and cleaning and fueling areas; off-site tracking of
industrial or waste materials or sediment where vehicles
enter or exit the site; tracking or blowing of raw, final, or
waste materials from areas of no exposure to exposed
areas; and residue or trash shall be visually inspected for
evidence of, or the potential for, pollutants entering the
drainage system. Measures to reduce pollutant loadings
shall be evaluated to determine whether they are
adequate and properly implemented in accordance with
the terms of the permit or whether additional control
measures are needed. Structural storm water management
measures, sediment and erosion control measures, and
other structural pollution prevention measures identified
in the plan shall be observed to ensure that they are
operating correctly. A visual inspection of equipment
needed to implement the plan, such as spill response
equipment, shall be made. A review of training
performed, routine inspections completed, visual
examinations completed, maintenance performed, and
effective operation of BMPs, shall be made.
b. Based on the results of the evaluation, the description
summary of potential pollutant sources identified in the
plan in accordance with Part II H 2 (description
(summary of potential pollutant sources) of this permit
and pollution prevention measures and controls identified
in the plan in accordance with Part II H 3 (measures and
controls) (storm water controls) of this permit shall be
revised as appropriate within 14 days of such inspection
and shall provide for implementation of any changes to
the plan in a timely manner, but in no case more than 90
days after the inspection.
c. A report summarizing the scope of the inspection,
personnel making the inspection, the dates of the
inspection, major observations relating to the
implementation of the storm water pollution prevention
plan SWPPP, including the elements stipulated in Part II
H 4 a, and actions taken in accordance with Part II H 4 b
of this permit shall be made and retained as required in
Part III B (records). The report shall identify any
incidents of noncompliance. Where a report does not
identify any incidents of noncompliance, the report shall
contain a certification that the facility is in compliance
with the storm water pollution prevention plan SWPPP
and this permit. The report shall be signed in accordance
with Part III K (signatory requirements) of this permit
and retained as required in Part III B.
d. Where compliance evaluation schedules overlap with
inspections required under Part II H 3 d (inspections), the
compliance evaluation may be conducted in place of one
such inspection.
Part III
Conditions Applicable [ To to ] All VPDES Permits
A. Monitoring.
1. Samples and measurements taken as required by this
permit shall be representative of the monitored activity.
2. Monitoring shall be conducted according to procedures
approved under 40 CFR Part 136 or alternative methods
approved by the U.S. Environmental Protection Agency,
unless other procedures have been specified in this permit.
3. The permittee shall periodically calibrate and perform
maintenance procedures on all monitoring and analytical
instrumentation at intervals that will ensure accuracy of
measurements.
4. Samples taken as required by this permit shall be
analyzed in accordance with 1VAC30-45, Certification for
Noncommercial Environmental Laboratories, or 1VAC30-
46, Accreditation for Commercial Environmental
Laboratories.
B. Records.
1. Records of monitoring information shall include:
a. The date, exact place, and time of sampling or
measurements;
b. The individual(s) who performed the sampling or
measurements;
c. The date(s) and time(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
2. Except for records of monitoring information required
by this permit related to the permittee's sewage sludge use
and disposal activities, which shall be retained for a period
of at least five years, the The permittee shall retain records
of all monitoring information, including all calibration and
maintenance records and all original strip chart recordings
for continuous monitoring instrumentation, copies of all
reports required by this permit, and records of all data used
to complete the registration statement for this permit, for a
period of at least three years from the date of the sample,
measurement, report or request for coverage. This period
of retention shall be extended automatically during the
course of any unresolved litigation regarding the regulated
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activity or regarding control standards applicable to the
permittee, or as requested by the board.
C. Reporting monitoring results.
1. The permittee shall submit the results of the monitoring
required by this permit not later than the 10th day of the
month after monitoring takes place, unless another
reporting schedule is specified elsewhere in this permit.
Monitoring results shall be submitted to the department's
regional office.
2. Monitoring results shall be reported on a discharge
monitoring report (DMR) or on forms provided, approved
or specified by the department.
3. If the permittee monitors any pollutant specifically
addressed by this permit more frequently than required by
this permit using test procedures approved under 40 CFR
Part 136 or using other test procedures approved by the
U.S. Environmental Protection Agency or using procedures
specified in this permit, the results of this monitoring shall
be included in the calculation and reporting of the data
submitted in the DMR or reporting form specified by the
department.
4. Calculations for all limitations [ which that ] require
averaging of measurements shall utilize an arithmetic mean
unless otherwise specified in this permit.
D. Duty to provide information. The permittee shall furnish
to the department, within a reasonable time, any information
[ which that ] the board may request to determine whether
cause exists for modifying, revoking and reissuing, or
terminating coverage under this permit or to determine
compliance with this permit. The board may require the
permittee to furnish, upon request, such plans, specifications,
and other pertinent information as may be necessary to
determine the effect of the wastes from his its discharge on
the quality of state waters, or such other information as may
be necessary to accomplish the purposes of the State Water
Control Law. The permittee shall also furnish to the
department, upon request, copies of records required to be
kept by this permit.
E. Compliance schedule reports. Reports of compliance or
noncompliance with, or any progress reports on, interim and
final requirements contained in any compliance schedule of
this permit shall be submitted no later than 14 days following
each schedule date.
F. Unauthorized discharges. Except in compliance with this
permit or another permit issued by the board, it shall be
unlawful for any person to:
1. Discharge into state waters sewage, industrial wastes,
other wastes, or any noxious or deleterious substances; or
2. Otherwise alter the physical, chemical or biological
properties of such state waters and make them detrimental
to the public health, or to animal or aquatic life, or to the
use of such waters for domestic or industrial consumption,
or for recreation, or for other uses.
G. Reports of unauthorized discharges. Any permittee who
discharges or causes or allows a discharge of sewage,
industrial waste, other wastes or any noxious or deleterious
substance into or upon state waters in violation of Part III F
(unauthorized discharges); or who discharges or causes or
allows a discharge that may reasonably be expected to enter
state waters in violation of Part III F, shall notify the
department of the discharge immediately upon discovery of
the discharge, but in no case later than 24 hours after said
discovery. A written report of the unauthorized discharge
shall be submitted to the department within five days of
discovery of the discharge. The written report shall contain:
1. A description of the nature and location of the discharge;
2. The cause of the discharge;
3. The date on which the discharge occurred;
4. The length of time that the discharge continued;
5. The volume of the discharge;
6. If the discharge is continuing, how long it is expected to
continue;
7. If the discharge is continuing, what the expected total
volume of the discharge will be; and
8. Any steps planned or taken to reduce, eliminate and
prevent a recurrence of the present discharge or any future
discharges not authorized by this permit.
Discharges reportable to the department under the
immediate reporting requirements of other regulations are
exempted from this requirement.
H. Reports of unusual or extraordinary discharges. If any
unusual or extraordinary discharge including a bypass or
upset should occur from a treatment works and the discharge
enters or could be expected to enter state waters, the permittee
shall promptly notify (see NOTE in Part III I), in no case later
than 24 hours, the department by telephone after the
discovery of the discharge. This notification shall provide all
available details of the incident, including any adverse
[ affects effects ] on aquatic life and the known number of
fish killed. The permittee shall reduce the report to writing
and shall submit it to the department within five days of
discovery of the discharge in accordance with Part III I 2.
Unusual and extraordinary discharges include but are not
limited to any discharge resulting from:
1. Unusual spillage of materials resulting directly or
indirectly from processing operations;
2. Breakdown of processing or accessory equipment;
3. Failure or taking out of service some or all of the
treatment works; and
4. Flooding or other acts of nature.
I. Reports of noncompliance. The permittee shall report any
noncompliance [ which that ] may adversely affect state
waters or may endanger public health.
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1. An oral report shall be provided within 24 hours from
the time the permittee becomes aware of the
circumstances. The following shall be included as
information [ which that ] shall be reported within 24 hours
under this subdivision:
a. Any unanticipated bypass; and
b. Any upset [ which that ] causes a discharge to surface
waters.
2. A written report shall be submitted within five days and
shall contain:
a. A description of the noncompliance and its cause;
b. The period of noncompliance, including exact dates
and times, and if the noncompliance has not been
corrected, the anticipated time it is expected to continue;
and
c. Steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance.
The board may waive the written report on a case-by-case
basis for reports of noncompliance under Part III I if the
oral report has been received within 24 hours and no
adverse impact on state waters has been reported.
3. The permittee shall report all instances of
noncompliance not reported under Parts III I 1 or 2, in
writing, at the time the next monitoring reports are
submitted. The reports shall contain the information listed
in Part III I 2.
NOTE: The immediate (within 24 hours) reports required in
Parts III G, H and I may be made to the department's regional
office. Reports may be made by telephone or by fax, FAX, or
online at http://www.deq.virginia.gov/Programs/Pollution
ResponsePreparedness/MakingaReport.aspx. For reports
outside normal working hours, leave a message and this shall
fulfill the immediate reporting requirement. For emergencies,
the Virginia Department of Emergency Services maintains a
24-hour telephone service at 1-800-468-8892.
J. Notice of planned changes.
1. The permittee shall give notice to the department as
soon as possible of any planned physical alterations or
additions to the permitted facility. Notice is required only
when:
a. The permittee plans alteration or addition to any
building, structure, facility, or installation from which
there is or may be a discharge of pollutants, the
construction of which commenced:
(1) After promulgation of standards of performance
under § 306 of the federal Clean Water Act [ which that ]
are applicable to such source; or
(2) After proposal of standards of performance in
accordance with § 306 of the federal Clean Water Act
[ which that ] are applicable to such source, but only if
the standards are promulgated in accordance with § 306
within 120 days of their proposal;
b. The alteration or addition could significantly change
the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants [ which
that ] are subject neither to effluent limitations nor to
notification requirements specified elsewhere in this
permit; or
c. The alteration or addition results in a significant
change in the permittee's sludge use or disposal practices
and such alteration, addition, or change may justify the
application of permit conditions that are different from or
absent in the existing permit, including notification of
additional use or disposal sites not reported during the
permit application process or not reported pursuant to an
approved land application plan.
2. The permittee shall give advance notice to the
department of any planned changes in the permitted facility
or activity [ which that ] may result in noncompliance with
permit requirements.
K. Signatory requirements.
1. Registration statement. All registration statements shall
be signed as follows:
a. For a corporation: by a responsible corporate officer.
For the purposes of this section, a responsible corporate
officer means: (i) a president, secretary, treasurer, or
vice-president of the corporation in charge of a principal
business function, or any other person who performs
similar policy- [ making ] or decision-making functions
for the corporation, or (ii) the manager of one or more
manufacturing, production, or operating facilities
provided the manager is authorized to make management
decisions that govern the operation of the regulated
facility including having the explicit or implicit duty of
making capital investment recommendations, and
initiating and directing other comprehensive measures to
assure long-term environmental compliance with
environmental laws and regulations; the manager can
ensure that the necessary systems are established or
actions taken to gather complete and accurate
information for permit application requirements; and
where authority to sign documents has been assigned or
delegated to the manager in accordance with corporate
procedures;
b. For a partnership or sole proprietorship: by a general
partner or the proprietor, respectively; or
c. For a municipality, state, federal, or other public
agency: by either a principal executive officer or ranking
elected official. For purposes of this section, a principal
executive officer of a public agency includes: (i) the
chief executive officer of the agency or (ii) a senior
executive officer having responsibility for the overall
operations of a principal geographic unit of the agency.
2. Reports, etc. All reports required by permits, and other
information requested by the board, shall be signed by a
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person described in Part III K 1 or by a duly authorized
representative of that person. A person is a duly authorized
representative only if:
a. The authorization is made in writing by a person
described in Part III K 1;
b. The authorization specifies either an individual or a
position having responsibility for the overall operation of
the regulated facility or activity such as the position of
plant manager, operator of a well or a well field,
superintendent, position of equivalent responsibility, or
an individual or position having overall responsibility for
environmental matters for the company. A duly
authorized representative may thus be either a named
individual or any individual occupying a named position;
and
c. The written authorization is submitted to the
department.
3. Changes to authorization. If an authorization under Part
III K 2 is no longer accurate because a different individual
or position has responsibility for the overall operation of
the facility, a new authorization satisfying the requirements
of Part III K 2 shall be submitted to the department prior to
or together with any reports or information to be signed by
an authorized representative.
4. Certification. Any person signing a document under
[ Parts Part ] III K 1 or 2 shall make the following
certification:
"I certify under penalty of law that this document and all
attachments were prepared under my direction or
supervision in accordance with a system designed to assure
that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person
or persons who manage the system, or those persons
directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there
are significant penalties for submitting false information,
including the possibility of fine and imprisonment for
knowing violations."
L. Duty to comply. The permittee shall comply with all
conditions of this permit. Any permit noncompliance
constitutes a violation of the State Water Control Law and the
federal Clean Water Act, except that noncompliance with
certain provisions of this permit may constitute a violation of
the State Water Control Law but not the federal Clean Water
Act. Permit noncompliance is grounds for enforcement
action; for permit termination, revocation and reissuance, or
modification; or denial of a permit renewal application permit
coverage.
The permittee shall comply with effluent standards or
prohibitions established under § 307(a) of the federal Clean
Water Act for toxic pollutants and with standards for sewage
sludge use or disposal established under § 405(d) of the
federal Clean Water Act within the time provided in the
regulations that establish these standards or prohibitions or
standards for sewage sludge use or disposal, even if this
permit has not yet been modified to incorporate the
requirement.
M. Duty to reapply. If the permittee wishes to continue an
activity regulated by this permit after the expiration date of
this permit, the permittee shall submit a new registration
statement at least 180 210 days before the expiration date of
the existing permit, unless permission for a later date has been
granted by the board. The board shall not grant permission for
registration statements to be submitted later than the
expiration date of the existing permit.
N. Effect of a permit. This permit does not convey any
property rights in either real or personal property or any
exclusive privileges, nor does it authorize any injury to
private property or invasion of personal rights or any
infringement of federal, state or local laws or regulations.
O. State law. Nothing in this permit shall be construed to
preclude the institution of any legal action under, or relieve
the permittee from any responsibilities, liabilities, or penalties
established pursuant to, any other state law or regulation or
under authority preserved by § 510 of the federal Clean Water
Act. Except as provided in permit conditions on "bypass"
(Part III U) and "upset" (Part III V), nothing in this permit
shall be construed to relieve the permittee from civil and
criminal penalties for noncompliance.
P. Oil and hazardous substance liability. Nothing in this
permit shall be construed to preclude the institution of any
legal action or relieve the permittee from any responsibilities,
liabilities, or penalties to which the permittee is or may be
subject under §§ 62.1-44.34:14 through 62.1-44.34:23 of the
State Water Control Law.
Q. Proper operation and maintenance. The permittee shall at
all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances)
[ which that ] are installed or used by the permittee to achieve
compliance with the conditions of this permit. Proper
operation and maintenance also includes effective plant
performance, adequate funding, adequate staffing, and
adequate laboratory and process controls, including
appropriate quality assurance procedures. This provision
requires the operation of back-up or auxiliary facilities or
similar systems [ which that ] are installed by the permittee
only when the operation is necessary to achieve compliance
with the conditions of this permit.
R. Disposal of solids or sludges. Solids, sludges or other
pollutants removed in the course of treatment or management
of pollutants shall be disposed of in a manner so as to prevent
any pollutant from such materials from entering state waters.
S. Duty to mitigate. The permittee shall take all reasonable
steps to minimize or prevent any discharge or sludge use or
disposal in violation of this permit [ which that ] has a
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reasonable likelihood of adversely affecting human health or
the environment.
T. Need to halt or reduce activity not a defense. It shall not
be a defense for a permittee in an enforcement action that it
would have been necessary to halt or reduce the permitted
activity in order to maintain compliance with the conditions
of this permit.
U. Bypass.
1. "Bypass" means the intentional diversion of waste
streams from any portion of a treatment facility. The
permittee may allow any bypass to occur [ which that ]
does not cause effluent limitations to be exceeded, but only
if it also is for essential maintenance to ensure efficient
operation. These bypasses are not subject to the provisions
of Parts III U 2 and U 3.
2. Notice.
a. Anticipated bypass. If the permittee knows in advance
of the need for a bypass, prior notice shall be submitted if
possible at least 10 days before the date of the bypass.
b. Unanticipated bypass. The permittee shall submit
notice of an unanticipated bypass as required in Part III I
(reports of noncompliance).
3. Prohibition of bypass.
a. Bypass is prohibited, and the board may take
enforcement action against a permittee for bypass,
unless:
(1) Bypass was unavoidable to prevent loss of life,
personal injury, or severe property damage;
(2) There were no feasible alternatives to the bypass,
such as the use of auxiliary treatment facilities, retention
of untreated wastes, or maintenance during normal
periods of equipment downtime. This condition is not
satisfied if adequate back-up equipment should have
been installed in the exercise of reasonable engineering
judgment to prevent a bypass [ which that ] occurred
during normal periods of equipment downtime or
preventive maintenance; and
(3) The permittee submitted notices as required under
Part III U 2.
b. The board may approve an anticipated bypass, after
considering its adverse effects, if the board determines
that it will meet the three conditions listed in Part III U 3
a.
V. Upset.
1. An upset constitutes an affirmative defense to an action
brought for noncompliance with technology-based permit
effluent limitations if the requirements of Part III V 2 are
met. A determination made during administrative review of
claims that noncompliance was caused by upset, and
before an action for noncompliance, is not a final
administrative action subject to judicial review.
2. A permittee who wishes to establish the affirmative
defense of upset shall demonstrate, through properly
signed, contemporaneous operating logs or other relevant
evidence that:
a. An upset occurred and that the permittee can identify
the cause(s) of the upset;
b. The permitted facility was at the time being properly
operated;
c. The permittee submitted notice of the upset as required
in Part III I; and
d. The permittee complied with any remedial measures
required under Part III S.
3. In any enforcement proceeding, the permittee seeking to
establish the occurrence of an upset has the burden of
proof.
W. Inspection and entry. The permittee shall allow the
director or an authorized representative, upon presentation of
credentials and other documents as may be required by law,
to:
1. Enter upon the permittee's premises where a regulated
facility or activity is located or conducted or where records
must be kept under the conditions of this permit;
2. Have access to and copy, at reasonable times, any
records that must be kept under the conditions of this
permit;
3. Inspect at reasonable times any facilities, equipment
(including monitoring and control equipment), practices, or
operations regulated or required under this permit; and
4. Sample or monitor at reasonable times, for the purposes
of ensuring permit compliance or as otherwise authorized
by the federal Clean Water Act and the State Water
Control Law, any substances or parameters at any location.
For purposes of this section, the time for inspection shall be
deemed reasonable during regular business hours and
whenever the facility is discharging. Nothing contained
herein shall make an inspection unreasonable during an
emergency.
X. Permit actions. Permits may be modified, revoked and
reissued, or terminated for cause. The filing of a request by
the permittee for a permit modification, revocation and
reissuance, or termination, or a notification of planned
changes or anticipated noncompliance does not stay any
permit condition.
Y. Transfer of permits. 1. Permits are not transferable to any
person except after notice to the department. Except as
provided in Part III Y 2, a permit may be transferred by the
permittee to a new owner or operator only if the permit has
been modified or revoked and reissued, or a minor
modification made, to identify the new permittee and
incorporate such other requirements as may be necessary
under the State Water Control Law and the federal Clean
Water Act. 2. As an alternative to transfers under Part III Y 1,
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Coverage under this permit may be automatically transferred
to a new permittee if:
a. 1. The current permittee notifies the department at least
30 days in advance of the proposed transfer of the title to
the facility or property unless permission for a later date
has been granted by the department;
b. 2. The notice includes a written agreement between the
existing and new permittees containing a specific date for
transfer of permit responsibility, coverage, and liability
between them; and
c. 3. The board does not notify the existing permittee and
the proposed new permittee of its intent to modify or
revoke and reissue deny the permittee coverage under the
permit. If this notice is not received, the transfer is
effective on the date specified in the agreement mentioned
in Part III Y 2 b.
Z. Severability. The provisions of this permit are severable,
and if any provision of this permit or the application of any
provision of this permit to any circumstance is held invalid,
the application of such provision to other circumstances and
the remainder of this permit shall not be affected thereby.
NOTICE: The following forms used in administering the
regulation were filed by the agency. The forms are not being
published; however, online users of this issue of the Virginia
Register of Regulations may click on the name of a form with
a hyperlink to access it. The forms are also available from the
agency contact or may be viewed at the Office of the
Registrar of Regulations, General Assembly Building, 2nd
Floor, Richmond, Virginia 23219.
FORMS (9VAC25-190)
Department of Environmental Quality Water Division
Permit Application Fee (rev. 1/08)
Local Government Ordinance Form (eff. 8/93).
Department of Environmental Quality Water Division
Permit Application Fee (rev. 5/13)
Virginia Pollutant Discharge Elimination System Change of
Ownership Agreement Form (undated)
Virginia Pollutant Discharge Elimination System General
Permit Registration Statement - Nonmetallic Mineral Mining
[ Virginia Pollutant Discharge Elimination System General
Permit Notice of Termination for Nonmetallic Mineral
Mining. ]
VA.R. Doc. No. R13-3381; Filed December 30, 2013, 10:05 a.m.
Final Regulation
REGISTRAR'S NOTICE: The State Water Control Board is
claiming an exemption from Article 2 (§ 2.2-4006 et seq.) of
Chapter 40 of Title 2.2 of the Code of Virginia pursuant to
enactment clause 8 of Chapters 756 and 793 of the 2013 Acts
of Assembly, except that the Department of Environmental
Quality must provide an opportunity for public comment.
Title of Regulation: 9VAC25-870. Virginia Stormwater
Management Program (VSMP) Regulation (amending
9VAC25-870-47, 9VAC25-870-48, 9VAC25-870-55,
9VAC25-870-760, 9VAC25-870-820, 9VAC25-870-825).
Statutory Authority: §§ 62.1-44.15:25 and 62.1-44.15:28 of
the Code of Virginia.
Effective Date: February 26, 2014.
Agency Contact: Drew Hammond, Department of
Environmental Quality, 629 East Main Street, P.O. Box 1105,
Richmond, VA 23218, telephone (804) 698-4037, or email
Summary:
The amendments include (i) clarification of existing
requirements regarding time limits on applicability of
approved design criteria and grandfathering; (ii) addition
of provisions for a stormwater management plan for a
land-disturbing activity to apply the stormwater
management technical criteria to the entire residential,
commercial, or industrial development; (iii) addition of
provisions that allow the department to enter into
agreements with a VSMP authority to collect the total fee
to be paid by an applicant and transmit the department's
portion of the fee to the department; (iv) clarification of the
fee language, including that the total fee to be paid by an
applicant applies to an operator seeking new or continued
coverage under the 2014 Construction General Permit;
and (vii) clarification that the fees for modification or
transfer of construction general permit coverage do not
apply until assessed by a VSMP authority.
9VAC25-870-47. Applicability of other laws and
regulations; time limits on applicability of approved
design criteria.
A. Nothing in this chapter shall be construed as limiting the
applicability of other laws and regulations, including, but not
limited to, the CWA, Virginia Stormwater Management Act,
Virginia Erosion and Sediment Control Law, and the
Chesapeake Bay Preservation Act, except as provided in
§ 62.1-44.15:27 K of the Code of Virginia, and all applicable
regulations adopted in accordance with those laws, or the
rights of other federal agencies, state agencies, or local
governments to impose more stringent technical criteria or
other requirements as allowed by law.
B. Beginning with the General Permit for Discharges of
Stormwater from Construction Activities issued July 1, 2009,
all land-disturbing activities that receive general permit
coverage shall be conducted in accordance with the Part II B
or Part II C technical criteria in place at the time of initial
state permit coverage and shall remain subject to those
criteria for an additional two permit cycles, except as
provided for in subsection D of 9VAC25-870-48. After the
two additional state permit cycles have passed, or should state
permit coverage not be maintained, portions of the project not
under construction shall become subject to any new technical
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criteria adopted since original state permit coverage was
issued. For land-disturbing projects issued coverage under the
July 1, 2009 state permit and for which coverage was
maintained, such projects shall remain subject to the technical
criteria of Part II C for an additional two state permits. Land-
disturbing activities that obtain an initial state permit or
commence land disturbance prior to July 1, 2014, shall be
conducted in accordance with the Part II C (9VAC25-870-93
et seq.) technical criteria of this chapter. Such projects shall
remain subject to the Part II C technical criteria for two
additional state permit cycles. After such time, portions of the
project not under construction shall become subject to any
new technical criteria adopted by the board.
C. Land-disturbing activities that obtain an initial state
permit on or after July 1, 2014, shall be conducted in
accordance with the Part II B (9VAC25-870-62 et seq.)
technical criteria of this chapter, except as provided for in
9VAC25-870-48. Land-disturbing activities conducted in
accordance with the Part II B technical criteria shall remain
subject to the Part II B technical criteria for two additional
state permit cycles. After such time, portions of the project
not under construction shall become subject to any new
technical criteria adopted by the board.
D. Nothing in this section shall preclude an operator from
constructing to a more stringent standard at his discretion.
9VAC25-870-48. Grandfathering.
A. Until June 30, 2019, any Any land-disturbing activity for
which a currently valid proffered or conditional zoning plan,
preliminary or final subdivision plat, preliminary or final site
plan or zoning with a plan of development, or any document
determined by the locality as being equivalent thereto, was
approved by a locality prior to July 1, 2012, and for which no
coverage under the General Permit for Discharges of
Stormwater from Construction Activities has been issued
prior to July 1, 2014, shall be considered grandfathered by the
VSMP authority and shall not be subject to the technical
criteria of Part II B, but shall be subject to the technical
criteria of Part II C for those areas that were included in the
approval, provided that the VSMP authority finds that such
proffered or conditional zoning plan, preliminary or final
subdivision plat, preliminary or final site plan or zoning with
a plan of development, or any document determined by the
locality as being equivalent thereto, (i) provides for a layout
and (ii) the resulting land-disturbing activity will be
compliant with the requirements of Part II C. In the event that
the locality-approved document is subsequently modified or
amended in a manner such that there is no increase over the
previously approved plat or plan in the amount of phosphorus
leaving each point of discharge of the land-disturbing activity
through stormwater runoff, and such that there is no increase
over the previously approved plat or plan in the volume or
rate of runoff, the grandfathering shall continue as before.
shall be considered grandfathered by the VSMP authority and
shall be subject to the Part II C (9VAC25-870-93 et seq.)
technical criteria of this chapter provided:
1. A proffered or conditional zoning plan, zoning with a
plan of development, preliminary or final subdivision plat,
preliminary or final site plan, or any document determined
by the locality to be equivalent thereto (i) was approved by
the locality prior to July 1, 2012, (ii) provided a layout as
defined in 9VAC25-870-10, (iii) will comply with the Part
II C technical criteria of this chapter, and (iv) has not been
subsequently modified or amended in a manner resulting in
an increase in the amount of phosphorus leaving each point
of discharge, and such that there is no increase in the
volume or rate of runoff;
2. A state permit has not been issued prior to July 1, 2014;
and
3. Land disturbance did not commence prior to July 1,
2014.
B. Until June 30, 2019, for locality Locality, state, and
federal projects for which there shall be considered
grandfathered by the VSMP authority and shall be subject to
the Part II C technical criteria of this chapter provided:
1. There has been an obligation of locality, state, or federal
funding, in whole or in part, prior to July 1, 2012, or for
which the department has approved a stormwater
management plan prior to July 1, 2012, such projects shall
be considered grandfathered by the VSMP authority and
shall not be subject to the technical criteria of Part II B, but
shall be subject to the technical criteria of Part II C for
those areas that were included in the approval.;
2. A state permit has not been issued prior to July 1, 2014;
and
3. Land disturbance did not commence prior to July 1,
2014.
C. For land-disturbing Land disturbing activities
grandfathered under subsections A and B of this section,
construction must be completed by June 30, 2019, or shall
remain subject to the Part II C technical criteria of this
chapter for one additional state permit cycle. After such time,
portions of the project not under construction shall become
subject to the any new technical criteria of Part II B adopted
by the board.
D. In cases where governmental bonding or public debt
financing has been issued for a project prior to July 1, 2012,
such project shall be subject to the technical criteria of Part II
C.
E. Nothing in this section shall preclude an operator from
constructing to a more stringent standard at his discretion.
9VAC25-870-55. Stormwater management plans.
A. A stormwater management plan shall be developed and
submitted to the VSMP authority. The stormwater
management plan shall be implemented as approved or
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modified by the VSMP authority and shall be developed in
accordance with the following:
1. A stormwater management plan for a land-disturbing
activity shall apply the stormwater management technical
criteria set forth in this part to the entire land-disturbing
activity. Individual lots in new residential, commercial, or
industrial developments shall not be considered separate
land-disturbing activities.
2. A stormwater management plan shall consider all
sources of surface runoff and all sources of subsurface and
groundwater flows converted to surface runoff.
B. A complete stormwater management plan shall include
the following elements:
1. Information on the type of and location of stormwater
discharges, information on the features to which
stormwater is being discharged including surface waters or
karst features if present, and predevelopment and
postdevelopment drainage areas;
2. Contact information including the name, address,
telephone number, and email address of the owner and the
tax reference number and parcel number of the property or
properties affected;
3. A narrative that includes a description of current site
conditions and final site conditions or if allowed by the
VSMP authority, the information provided and
documented during the review process that addresses the
current and final site conditions;
4. A general description of the proposed stormwater
management facilities and the mechanism through which
the facilities will be operated and maintained after
construction is complete;
5. Information on the proposed stormwater management
facilities, including (i) the type of facilities; (ii) location,
including geographic coordinates; (iii) acres treated; and
(iv) the surface waters or karst features into which the
facility will discharge;
6. Hydrologic and hydraulic computations, including
runoff characteristics;
7. Documentation and calculations verifying compliance
with the water quality and quantity requirements of these
regulations;
8. A map or maps of the site that depicts the topography of
the site and includes:
a. All contributing drainage areas;
b. Existing streams, ponds, culverts, ditches, wetlands,
other water bodies, and floodplains;
c. Soil types, geologic formations if karst features are
present in the area, forest cover, and other vegetative
areas;
d. Current land use including existing structures, roads,
and locations of known utilities and easements;
e. Sufficient information on adjoining parcels to assess
the impacts of stormwater from the site on these parcels;
f. The limits of clearing and grading, and the proposed
drainage patterns on the site;
g. Proposed buildings, roads, parking areas, utilities, and
stormwater management facilities; and
h. Proposed land use with tabulation of the percentage of
surface area to be adapted to various uses, including but
not limited to planned locations of utilities, roads, and
easements;
9. If an operator intends to meet the requirements
established in 9VAC25-870-63 or 9VAC25-870-66
through the use of off-site compliance options, where
applicable, then a letter of availability from the off-site
provider must be included; and
10. If payment of a fee is required with the stormwater
management plan submission by the VSMP authority, the
fee and the required fee form in accordance with Part XIII
(9VAC25-870-700 et seq.) must have been submitted.
C. Elements of the stormwater management plans that
include activities regulated under Chapter 4 (§ 54.1-400 et
seq.) of Title 54.1 of the Code of Virginia shall be
appropriately sealed and signed by a professional registered
in the Commonwealth of Virginia pursuant to Article 1
(§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of
Virginia.
D. A construction record drawing for permanent stormwater
management facilities shall be submitted to the VSMP
authority in accordance with 9VAC25-870-108 and 9VAC25-
870-112. The construction record drawing shall be
appropriately sealed and signed by a professional registered
in the Commonwealth of Virginia, certifying that the
stormwater management facilities have been constructed in
accordance with the approved plan.
9VAC25-870-760. Method of payment.
A. Fees shall be collected utilizing, where practicable, an
online payment system. Until such system is operational,
fees, as applicable, shall be, at the discretion of the
department, submitted electronically or be paid by check,
draft or postal money order payable to:
1. The Treasurer of Virginia, for a MS4 individual or
general permit or for a coverage issued by the department
under the General Permit for Discharges of Stormwater
from Construction Activities or Individual Permit for
Discharges of Stormwater from Construction Activities,
and must be in U.S. currency, except that agencies and
institutions of the Commonwealth of Virginia may submit
Interagency Transfers for the amount of the fee. The
Department of Environmental Quality may provide a
means to pay fees electronically. Fees not submitted
electronically shall be sent to the Virginia Department of
Environmental Quality.
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2. The VSMP authority, for VSMP operational costs of the
VSMP authority under the General Permit for Discharges
of Stormwater From from Construction Activities, and
must be in U.S. currency.
B. When fees are collected electronically pursuant to this
part through credit cards, business transaction costs
associated with processing such payments may be
additionally assessed.
C. Nothing in this part shall prohibit the department and a
VSMP authority from entering into an agreement whereby the
total fee to be paid by the applicant for coverage under the
General Permit for Discharges of Stormwater from
Construction Activities is payable to the VSMP authority, and
the VSMP authority transmits the department's portion set
forth in 9VAC25-870-820 to the department on a schedule
established by the department.
D. Required information for state permits or state permit
coverage:. All applicants, unless otherwise specified by the
department, shall submit the following information along
with the fee payment or utilize the department Permit
Application Fee Form:
1. Applicant name, address and daytime phone number.
2. Applicant Federal Identification Number (FIN), if
applicable.
3. 2. The name of the facility/activity, and the
facility/activity location.
4. 3. The type of state permit applied for.
5. 4. Whether the application is for a new state permit
issuance, state permit reissuance, state permit maintenance,
or state permit modification.
6. 5. The amount of fee submitted.
7. 6. The existing state permit number, if applicable.
8. 7. Other information as required by the VSMP authority.
9VAC25-870-820. Fees for an individual permit or
coverage under the General Permit for Discharges of
Stormwater from Construction Activities.
The following fees apply, until June 30, 2014, to coverage
under the General Permit for Discharges of Stormwater from
Construction Activities issued by the department prior to a
VSMP authority being approved by the board in the area
where the applicable land-disturbing activity is located, or
where the department has issued an individual permit or
coverage under the General Permit for Discharges of
Stormwater from Construction Activities for a state or federal
agency for which it has approved annual standards and
specifications.
General / Stormwater Management -
Phase I Land Clearing ("Large" (Large
Construction Activity - Sites or
common plans of development equal
to or greater than five acres)
$750
General / Stormwater Management -
Phase II Land Clearing ("Small"
(Small Construction Activity - Sites or
common plans of development equal
to or greater than one acre and less
than five acres)
$450
General / Stormwater Management -
Small Construction Activity/Land
Clearing (Sites within designated areas
of Chesapeake Bay Act localities with
land disturbance acreage equal to or
greater than 2,500 square feet and less
than one acre)
(Fee valid until July 1, 2014)
$200
Individual Permit for Discharges of
Stormwater from Construction
Activities
$15,000
The following total fees to be paid by an applicant apply to
(i) any operator seeking coverage under the a July 1, 2014,
General Permit for Discharges of Stormwater from
Construction Activities for or (ii) on or after July 1, 2014, to
any operator seeking coverage under a General Permit for
Discharges of Stormwater from Construction Activities, a
state or federal agency that does not file annual standards and
specifications, or an individual permit issued by the board or
coverage under the General Permit for Discharges of
Stormwater from Construction Activities issued by the board.
For On and after approval by the board of a VSMP authority
for coverage under the General Permit for Discharges of
Stormwater from Construction Activities, no more than 50%
of the base total fee to be paid by an applicant set out in this
part shall be due at the time that a stormwater management
plan or an initial stormwater management plan is submitted
for review in accordance with 9VAC25-870-108. The
remaining base total fee balance to be paid by an applicant
shall be due prior to the issuance of coverage under the
General Permit for Discharges of Stormwater from
Construction Activities.
When a site or sites are purchased for development within a
previously permitted common plan of development or sale,
the applicant shall be subject to fees ("total fee to be paid by
applicant" column) in accordance with the disturbed acreage
of their site or sites according to the following table.
Fee type Total fee to
be paid by
applicant
(includes both
VSMP
authority and
department
portions
where
applicable)
Department
portion of "total
fee to be paid by
applicant" (based
on 28% of total
fee paid*)
Regulations
Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014
1575
Chesapeake Bay
Preservation Act
Land-Disturbing
Activity (not subject
to General Permit
coverage; sites
within designated
areas of Chesapeake
Bay Act localities
with land-
disturbance acreage
equal to or greater
than 2,500 square
feet and less than 1
one acre)
$290 $0
General /
Stormwater
Management - Small
Construction
Activity/Land
Clearing (Areas
within common
plans of
development or sale
with land-
disturbance acreage
less than one acre)
$290 $81
General /
Stormwater
Management - Small
Construction
Activity/Land
Clearing (Sites or
areas within
common plans of
development or sale
with land-
disturbance acreage
equal to or greater
than one acre and
less than five acres)
$2,700 $756
General /
Stormwater
Management - Large
Construction
Activity/Land
Clearing (Sites or
areas within
common plans of
development or sale
with land-
disturbance acreage
equal to or greater
$3,400 $952
than five acres and
less than 10 acres)
General /
Stormwater
Management - Large
Construction
Activity/Land
Clearing (Sites or
areas within
common plans of
development or sale
with land-
disturbance acreage
equal to or greater
than 10 acres and
less than 50 acres)
$4,500 $1,260
General /
Stormwater
Management - Large
Construction
Activity/Land
Clearing (Sites or
areas within
common plans of
development or sale
with land-
disturbance acreage
equal to or greater
than 50 acres and
less than 100 acres)
$6,100 $1,708
General /
Stormwater
Management - Large
Construction
Activity/Land
Clearing (Sites or
areas within
common plans of
development or sale
with land-
disturbance acreage
equal to or greater
than 100 acres)
$9,600 $2,688
Individual Permit for
Discharges of
Stormwater from
Construction
Activities (This will
be administered by
the department)
$15,000 $15,000
* If the project is completely administered by the
department such as may be the case for a state or federal
Regulations
Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014
1576
project or projects covered by individual permits, the
entire applicant fee shall be paid to the department.
The following fees apply, on or after July 1, 2014, to
coverage under the General Permit for Discharges of
Stormwater from Construction Activities issued by the board
for a state or federal agency that has annual standards and
specifications approved by the board.
General / Stormwater Management -
Phase I Land Clearing (Large
Construction Activity - Sites or common
plans of development equal to or greater
than five acres)
$750
General / Stormwater Management -
Phase II Land Clearing (Small
Construction Activity - Sites or common
plans of development equal to or greater
than one acre and less than five acres)
$450
9VAC25-870-825. Fees for the modification or transfer of
individual permits or of registration statements for the
General Permit for Discharges of Stormwater from
Construction Activities.
The following fees apply to modification or transfer of
individual permits or of registration statements for the
General Permit for Discharges of Stormwater from
Construction Activities issued by the board. If the state permit
modifications result in changes to stormwater management
plans that require additional review by the VSMP authority,
such reviews shall be subject to the fees set out in this
section. The fee assessed shall be based on the total disturbed
acreage of the site. In addition to the state permit modification
fee, modifications resulting in an increase in total disturbed
acreage shall pay the difference in the initial state permit fee
paid and the state permit fee that would have applied for the
total disturbed acreage in 9VAC25-870-820. No modification
or transfer fee shall be required until such board-approved
programs exist. These fees shall only be effective when
assessed by a VSMP authority, including the department
when acting in that capacity, that has been approved by the
board. No modification fee shall be required for the General
Permit for Discharges of Stormwater from Construction
Activities for a state or federal agency that is administering a
project in accordance with approved annual standards and
specifications but shall apply to all other state or federal
agency projects.
General / Stormwater Management – Small
Construction Activity/Land Clearing (Areas
within common plans of development or sale
with land disturbance acreage less than one
acre)
$20
General / Stormwater Management – Small
Construction Activity/Land Clearing (Sites or
areas within common plans of development or
$200
sale with land-disturbance acreage equal to or
greater than one and less than five acres)
General / Stormwater Management – Large
Construction Activity/Land Clearing (Sites or
areas within common plans of development or
sale with land-disturbance acreage equal to or
greater than five acres and less than 10 acres)
$250
General / Stormwater Management – Large
Construction Activity/Land Clearing (Sites or
areas within common plans of development or
sale with land-disturbance acreage equal to or
greater than 10 acres and less than 50 acres)
$300
General / Stormwater Management – Large
Construction Activity/Land Clearing (Sites or
areas within common plans of development or
sale with land-disturbance acreage equal to or
greater than 50 acres and less than 100 acres)
$450
General / Stormwater Management – Large
Construction Activity/Land Clearing (Sites or
areas within common plans of development or
sale with land-disturbance acreage equal to or
greater than 100 acres)
$700
Individual Permit for Discharges of
Stormwater from Construction Activities
$5,000
VA.R. Doc. No. R14-3931; Filed January 8, 2014, 11:51 a.m.
––––––––––––––––––
TITLE 12. HEALTH
STATE BOARD OF HEALTH
Emergency Regulation
Title of Regulation: 12VAC5-610. Sewage Handling and
Disposal Regulations (amending 12VAC5-610-30,
12VAC5-610-920 through 12VAC5-610-950; adding
12VAC5-610-955).
Statutory Authority: §§ 32.1-12 and 32.1-164 of the Code of
Virginia.
Effective Dates: March 14, 2014, through September 13,
2015.
Agency Contact: Allen Knapp, Director, Office of
Environmental Health Services, Department of Health, 109
Governor Street, Richmond, VA 23219, telephone (804) 864-
7458, FAX (804) 864-7475, or email
Preamble:
Chapter 202 of the 2013 Acts of Assembly requires the
State Board of Health to promulgate regulations for
chamber and bundled expanded polystyrene effluent
systems. The board may promulgate regulations for other
Regulations
Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014
1577
distribution technologies. Chapter 202 specifies that
regulations must be effective within 280 days of enactment.
The board is using the emergency rulemaking process
authorized by the Administrative Process Act to
promulgate regulations within 280 days.
The Sewage Handling and Disposal Regulations (12VAC5-
610) contain construction, design, and installation
requirements for gravel and pipe effluent absorption
trench, low pressure distribution, elevated sand mound,
and sand-on-sand systems. The amendments establish
construction, design, and installation requirements for
gravelless material and drip dispersal systems, as follows:
1. Specifications for the physical construction of
gravelless material including minimum exterior width,
height, effluent storage capacity, and structural capacity;
2. Requirements for a permeable interface between
gravelless material and trench sidewall soil surfaces for
the absorption of wastewater;
3. Criteria for the allowable slope, maximum length,
minimum sidewall depth, and minimum lateral
separation of gravelless material absorption trenches;
4. Criteria for determining the minimum absorption area
required when utilizing gravelless material;
5. Criteria for the substitution of gravelless material in
place of gravel for gravity percolation lines and low
pressure distribution systems;
6. Specifications for the physical construction of drip
dispersal system components;
7. Minimum requirements for the design of drip dispersal
systems; and
8. Minimum installation requirements for drip dispersal
systems.
Since 2002, the Virginia Department of Health (VDH) has
recognized through policies that gravelless material is an
acceptable means of dispersing wastewater. Since 1995,
VDH has also recognized through policies that drip
dispersal is an acceptable means of transmitting
wastewater. The goal of the amendments is to move the
construction, design, and installation standards for
gravelless material and drip dispersal from VDH policies
into regulation.
No substantive changes were made to existing
requirements of 12VAC5-610. However, the term "soil
gravel or sand interface" used in 12VAC5-610-920 and
12VAC5-610-950 A was modified to ensure inclusion of
gravelless material and drip dispersal within these
sections.
12VAC5-610-30. Relationship to Virginia Joint Sewerage
Regulations other regulations.
This chapter is supplemental to the current Virginia
Sewerage Regulations, or their successor, which were
adopted jointly by the State Board of Health and the
Department of Environmental Quality pursuant to § 62.1-
44.19 of the Code of Virginia. This chapter addresses the
handling and disposal of sewage not regulated by a Virginia
Pollutant Discharge Elimination System (VPDES) Permit.
A. This chapter addresses the handling and disposal of those
portions of sewage flows not regulated by a Virginia
Pollutant Discharge Elimination System (VPDES) Permit or a
Virginia Pollutant Abatement (VPA) Permit issued in
accordance with 9VAC25-31 or 9VAC25-32, respectively.
B. Reclamation and reuse of sewage may be subject to
permitting by the Department of Environmental Quality
under 9VAC25-740.
12VAC5-610-920. Distribution methods.
The term distribution methods refers to the piping, flow
splitting devices, gravel, and other appurtenances beginning
at the point of flow splitting and ending at the soil-gravel or
sand interface point of effluent application to the soil
absorption area. Two basic methods are considered:
A. Gravity; and
B. Pressure.
12VAC5-610-930. Gravity distribution.
Gravity distribution is the conveyance of effluent from a
distribution box through the percolation lines at less than full
flow conditions. Flow to the initial distribution box may be
initiated by pump, siphon or gravity.
A. Enhanced flow distribution. Enhanced flow distribution
is the initiation of the effluent flow to the distribution box by
pump or siphon for the purpose of assuring more uniform
flow splitting to the percolation lines. Enhanced flow
distribution shall be provided on systems where the flow is
split more than 12 times or the system contains more than
1200 linear feet of percolation lines. For the purpose of this
chapter, enhanced flow distribution is considered to produce
unsaturated soil conditions.
B. System size. Distribution systems containing 1800 or
more linear feet of percolation piping shall be split into
multiple systems containing a maximum of 1200 linear feet
of percolation piping per system.
C. Distribution boxes. The distribution box is a device for
splitting flow equally by gravity to points in the system.
Improperly installed distribution boxes are a cause for
absorption field malfunction.
1. Materials. The preferred material for use in constructing
distribution boxes is concrete (3000 psi). Other materials
may be considered on a case-by-case basis. All materials
must be resistant to both chemical and electrolytic
corrosion and must have sufficient structural strength to
contain sewage and resist lateral compressive and bearing
loads.
2. Design. Each distribution box shall be designed to split
the influent flow equally among the multiple effluent ports.
All effluent ports shall be at the same elevation and be of
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Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014
1578
the same diameter. The elevation of the effluent ports shall
be at a lower elevation than the influent port. The
placement of the influent ports shall be such as to prevent
short circuiting unless baffling is provided to prevent short
circuiting. The minimum inside width of a gravity flow
distribution box shall be equal to or greater than 12 inches.
The inside bottom shall be at least four inches below the
invert of the effluent ports and at least five inches below
the invert of the influent port. A minimum of eight inches
freeboard above the invert of the effluent piping shall be
provided. The distribution box shall be fitted with a
watertight, removable lid for access.
3. Installation. The hole for placement of the distribution
box shall be excavated to undisturbed soil. The distribution
box shall be placed in the excavation and stabilized. The
preferred method of stabilizing the distribution box is to
bond the distribution box to a four inch poured in place
Portland cement concrete pad with dimensions six inches
greater than the length and width dimensions of the
distribution box. The box shall be permanently leveled and
checked by water testing. Conduits passing through the
walls of a distribution box shall be provided with a water
stop.
D. Lead or header lines. Header or lead lines are watertight,
semirigid or rigid lines that convey effluent from a
distribution box to another box or to the percolation piping.
1. Size. The lead or header lines shall have an internal
diameter of four inches.
2. Slope. Minimum slope shall be two inches per 100 feet.
3. Materials. The lead or header lines shall have a
minimum crush strength of 1500 pounds per foot and may
be constructed of cast iron, plastic, vitrified clay or other
material resistant to the corrosive action of sewage.
4. Appurtenances.
a. Joints. Lead or header lines shall have joints of the
compressions type with the exception of plastic lead or
header lines which may be welded sleeve, chemically
fused or clamped (noncorrosive) flexible sleeve.
b. Adapters. Joining of lead or header lines of different
size and/or material shall be accomplished by use of a
manufactured adapter specifically designed for the
purpose.
c. Valves. Valves shall be constructed of materials
resistant to the corrosive action of sewage. Valves placed
below ground level shall be provided with a valve box
and a suitable valve stem so that it may be operated from
the ground surface.
5. Construction.
a. Bedding. All lead or header lines shall be bedded to
supply uniform support and maintain grade and
alignment along the length of the lead or header lines.
Special care shall be taken when using semirigid pipe.
b. Backfilling and tamping. Lead and header lines shall
be backfilled and tamped as soon as possible after the
installation of the lead or header lines has been approved.
Material for backfilling shall be free of large stones and
debris.
6. Termination. Header or lead lines shall extend for a
minimum distance of two feet into the absorption trenches.
E. Gravity percolation lines. Gravity percolation lines are
perforated or open joint pipes that are utilized to distribute the
effluent along the length of the absorption trenches.
1. Size. All gravity percolation lines shall have an internal
diameter of four inches.
2. Slope. The slope of the lines shall be uniform and shall
not be less than two inches or more than four inches per
100 feet.
3. Design. Effluent shall be split by the distribution system
so that all gravity percolation lines installed shall receive
an equal volume of the total design effluent load per square
foot of trench, i.e., the fraction of the flow received by
each percolation line divided by the length of the gravity
percolation lines shall be equal for all gravity percolation
lines in a system.
4. Length. No individual gravity percolation line shall
exceed 100 feet in length.
5. Materials.
a. Clay. Clay tile shall be extra-strength and meet current
ASTM standards for clay tile.
b. Perforated plastic drainage tubing. Perforated plastic
drainage tubing shall meet ASTM standards. At not
greater than 10 feet intervals the pipe shall be plainly
marked, embossed or engraved thereby showing the
manufacturer's name or hallmark and showing that the
product meets a bearing load of 1,000 lb. per foot. In
addition, a painted or other clearly marked line or spot
shall be marked at not greater than 10 feet intervals to
denote the top of the pipe.
The tubing shall have three holes, 1/2 to 3/4 inch in
diameter evenly spaced and placed within an arc of 130
degrees, the center hole being directly opposite the top
marking.
Spacing of each set of three holes shall be at four inch
intervals along the tube. If there is any break in the
continuity of the tubing, an appropriate connection shall
be used to join the tubing.
6. Installation
a. Crushed stone or gravel. Clean gravel or crushed stone
having a size range from 1/2 inch to 1-1/2 inches shall be
utilized to bed the gravity percolation lines.
Minimum depth of gravel or crushed stone beneath the
percolation lines shall be six inches. Clean course silica
sand (does not effervesce in presence of dilute
hydrochloric acid) may be substituted for the first two
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Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014
1579
inches (soil interface) of the require required six inches
of gravel beneath the percolation lines. The absorption
trench shall be backfilled to a depth of two inches over
the gravity percolation lines with the same gravel or
crushed stone. Clean sand, gravel or crushed stone shall
be free of fines, clay and organic materials.
b. Grade boards and/or stakes. Grade boards and/or
stakes placed in the bottom or sidewalls of the absorption
trench shall be utilized to maintain the grade on the
gravel for placement of the gravity percolation lines.
Grade stakes shall not be placed on centers greater than
10 feet.
c. Placement and alignment. Perforated gravity
percolation piping shall be placed so that the center hole
is in the horizontal plane and interfaces with the
minimum six inches of graded gravel. When open joint
piping is utilized the upper half of the top of the 1/4-inch
open space shall be covered with tar paper or building
paper to block the entrance of fines into the pipe during
the backfilling operation. All gravity percolating piping
shall be placed in the horizontal center of the absorption
trench and shall maintain a straight alignment and
uniform grade.
d. Backfilling. After the placement of the gravity
percolation piping the absorption trench shall be
backfilled evenly with crushed stone or gravel to a depth
of two inches over the piping. Untreated building paper,
or other suitable material shall be placed at the interface
of the gravel and soil to prevent migration of fines to the
trench bottom. The remainder of the trench shall be
backfilled with soil to the ground surface.
F. Gravelless material is a proprietary product specifically
manufactured to disperse effluent within the absorption trench
of an onsite sewage system without the use of gravel.
Gravelless material may include chamber, bundled expanded
polystyrene, and multi-pipe systems. The division shall
maintain a list of all generally approved gravelless material.
Gravelless material on the generally approved list may be
used in accordance with Table 5.4 of 12VAC5-610-950.
1. Gravelless material that received general approval as of
December 12, 2013, shall retain such status when used in
accordance with the requirements of this chapter. After
December 12, 2013, the division shall review and evaluate
new applications for general approval pursuant to the
requirements of this chapter.
a. Any manufacturer of gravelless material may submit
an application for general approval to the division using
the form provided by the division. A complete
application shall include the manufacturer's contact
information, product specifications, product approvals in
other states or territories, installation manual, and other
information deemed necessary by the division to
determine compliance with this chapter.
b. The manufacturer of gravelless material shall identify
in the application for general approval any
recommendation that deviates from the requirements of
this chapter. If the recommendation is approved by the
division, then the manufacturer shall include the
deviation in the gravelless material's installation manual.
2. Gravelless material shall have the following minimum
characteristics for general approval:
a. The minimum exterior width shall be at least 90% of
the total width of the absorption trench. The exterior
width of a chamber system shall be measured at the edge
or outer limit of the product's contact with the trench
bottom unless the division determines a different
measurement is required based on the gravelless
material's design. The exterior width of bundled
expanded polystyrene and multi-pipe systems shall be
measured using the outside diameter of the bundled
gravelless material unless the division determines a
different measurement is required based on the gravelless
material's design. The division shall establish the exterior
width of any gravelless material that is not considered a
chamber, bundled expanded polystyrene, or multi-pipe
system.
b. Gravelless material shall have a minimum height of
eight inches to provide a continuous exchange of air
through a permeable interface.
c. Gravelless material shall have a permeable interface
that shall be located along the trench bottom and trench
sidewalls within the absorption trench.
d. Gravelless material shall provide a minimum storage
capacity of 1.3 gallons per square foot of trench bottom
area.
e. Gravelless material shall pose no greater risk to surface
water and groundwater quality than gravel in absorption
trenches. Gravelless material shall be constructed to
maintain structural integrity such that it does not decay or
corrode when exposed to sewage.
f. Gravelless material shall have a minimum load rating
of H-10 or H-20 from the American Association of State
Highway and Transportation Officials or equivalent
when installed in accordance with the manufacturer's
minimum specified depth of compacted cover in
nontraffic or traffic areas, respectively.
3. For designs using gravelless material, the absorption
trenches shall receive an equal volume of effluent per
square foot of trench. Trench bottom area shall be equal to
or greater than the minimum area requirements contained
in Table 5.4 of 12VAC5-610-950. Trench sidewall shall
not be included when determining minimum area
requirements. When open-bottom gravelless material is
utilized, it shall provide a splash plate at the inlet of the
trench or other suitable method approved by the
manufacturer to reduce effluent velocity.
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Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014
1580
4. Installation of gravelless material shall comply with this
chapter unless the department grants a deviation pursuant
to 12VAC5-610-660 or the division has granted a deviation
identified in the installation manual.
5. Gravelless material shall contain a pressure percolation
line along the entire length of the trench when low pressure
distribution is utilized pursuant to 12VAC5-610-940 D.
6. When pumping effluent to overcome gravity, any open-
bottom gravelless material shall provide a high-flow splash
plate at the inlet of the trench or other suitable method
approved by the manufacturer to reduce effluent velocity.
7. When enhanced flow distribution is required by this
chapter, open-bottom gravelless material shall contain a
percolation pipe that extends a minimum of 10 feet from
the trench's intersection with the header line. The
percolation pipe shall be installed in accordance with the
manufacturer's approved installation manual. The dosing
volume shall be a minimum 39 gallons per 100 linear feet
of absorption trench.
8. Gravelless material may be substituted for gravel in
accordance with this chapter, provided that the certifying
licensed professional engineer or onsite soil evaluator
approves the substitution. The certifying licensed
professional engineer or onsite soil evaluator shall identify
the substitution on the inspection report submitted in
accordance with 12VAC5-610-330. A new construction
permit pursuant to 12VAC5-610-310 is not required for the
substitution.
12VAC5-610-940. Low pressure distribution.
Low pressure distribution is the conveyance of effluent
through the pressure percolation lines at full flow conditions
into the absorption area with the prime motive force being a
pump or siphon. Low pressure systems are limited to a
working pressure of from one to four feet of head at the distal
end of the pressure percolation lines. For the purpose of this
chapter low pressure distribution is considered to provide
unsaturated soil conditions.
A. Dosing cycle. Systems shall be designed so that the
effluent volume applied to the absorption area per dosing
cycle is from seven to 10 times the volume of the distribution
piping, however, the volume per dosing cycle should not
result in a liquid depth in the absorption trench greater than
two inches.
B. Manifold lines. Manifold lines are watertight lines that
convey effluent from the initial point of flow splitting to the
pressure percolation lines.
1. Size. The manifold line shall be sized to provide a
minimum velocity of two feet per second and a maximum
velocity of eight feet per second.
2. Materials. All pipe used for manifolds shall be of the
pressure type with pressure type joints.
3. Bedding. All manifolds shall be bedded to supply
uniform support along its length.
4. Backfilling and tamping. Manifold trenches shall be
backfilled and tamped as soon as possible after the
installation of the manifold has been approved. Material
for backfilling shall be free of large stones and debris.
5. Valves. Valves for throttling and check valves to prevent
backflow are required wherever necessary. Each valve
shall be supplied with a valve box terminating at the
surface.
C. Pressure percolation lines. Pressure percolation lines are
perforated pipes utilized to distribute the flow evenly along
the length of the absorption trench.
1. Size. Pressure percolation lines should normally have a
1-1/4 inch inside diameter.
2. Hole size. Normal hole size shall be 3/16 inch to 1/4
inch.
3. Hole placement. Center to center hole separation shall
be between three and five feet.
4. Line length. Maximum line length from manifold should
not exceed 50 feet.
5. Percent flow variation. Actual line size, hole size and
hole separation shall be determined on a case-by-case basis
based on a maximum flow variation of 10% along the
length of the pressure percolation lines.
6. Materials and construction. The preferred material is
plastic, either PVC or ABS, designed for pressure service.
The lines shall have burr free and counter sunk holes
(where possible) placed in a straight line along the
longitudinal axis of the pipe. Joining of pipes shall be
accomplished with manufactured pressure type joints.
7. Installation.
a. Crushed stone or gravel. Clean gravel or crushed stone
having a size range from 1/2 inch to 3/4 inch shall be
utilized to bed the pressure percolation lines. Minimum
depth of gravel or crushed stone beneath the percolation
lines shall be 8-1/2 inches. Clean course silica sand (does
not effervesce in the presence of dilute hydrochloric acid)
may be substituted for the first two inches (soil interface)
of the required 8-1/2 inches of gravel beneath the
pressure percolation lines. The absorption trench shall be
backfilled to a depth of two inches over the pressure
percolation lines with the same gravel or crushed stone.
Clean sand, gravel or crushed stone shall be free of fines,
clay and organic materials.
b. Grade boards and/or stakes. Grade boards and/or
stakes placed in the bottom or sidewalls of the absorption
trench shall be utilized to maintain the gravel level for
placement of the pressure percolation lines. Grade stakes
shall not be placed on centers greater than 10 feet.
c. Placement and alignment. Pressure percolation lines
shall be placed so that the holes face vertically
downward. All pressure percolation piping shall be
placed at the same elevation, unless throttling valves are
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Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014
1581
utilized, and shall be level. The piping shall be placed in
the horizontal center of the trench and shall maintain a
straight alignment. Normally the invert of the pressure
percolation lines shall be placed 8-1/2 inches above the
trench bottom. However, under no circumstance shall the
invert of the pressure percolation lines be placed closer
than 16-1/2 inches to the seasonal water table as defined
in 12VAC5-610-950 A 3. When the invert of the pressure
percolation lines must be placed at an elevation greater
than 8-1/2 inches above the trench bottom, landscaping
over the absorption area may be required to provide the
two inches of gravel and six inches of fill over the
pressure percolation lines required in subdivision 7 a of
this subsection.
d. Backfilling. After the placement of the pressure
percolation piping the absorption trench shall be
backfilled evenly with crushed stone or gravel to a depth
of two inches over the opening. Untreated building paper
or other suitable material shall be placed at the interface
of the gravel and soil to prevent migration of fines to the
trench bottom. The remainder of the trench shall be
backfilled with soil to the ground surface.
8. Appurtenances. The distal (terminal) end of each
pressure percolation lines shall be fitted with a vertical
riser and threaded cap extending to the ground surface.
Systems requiring throttling valves will be supplied with
couplings and threaded riser extensions at least four feet
long so that the flow may be adjusted in each line.
D. Gravelless material with general approval may be used
for low pressure distribution in accordance with the
manufacturer's approved installation manual, Table 5.4 of
12VAC5-610-950, and the applicable requirements of this
chapter.
12VAC5-610-950. Absorption area design.
A. The absorption area is the undisturbed soil medium
beginning at the soil gravel or sand interface which is utilized
for absorption of the effluent. The absorption area includes
the infiltrative surface in the absorption trench and the soil
between and around the trenches when trenches are used.
B. Suitability of soil horizon. The absorption trench bottom
shall be placed in the soil horizon or horizons with an average
estimated or measured percolation rate less than 120 minutes
per inch. Soil horizons are to be identified in accordance with
12VAC5-610-480. The soil horizon must meet the following
minimum conditions:
1. It shall have an estimated or measured percolation rate
equal to or less than 120 minutes per inch.
2. The soil horizon or horizons shall be of sufficient
thickness so that at least 12 inches of absorption trench
sidewall is exposed to act as an infiltrative surface; and
3. If no single horizon meets the conditions in subdivision
2 of this subsection, a combination of adjacent horizons
may be utilized to provide the required 12-inch sidewall
infiltrative surface. However, no horizon utilized shall
have an estimated or measured percolation rate greater than
120 minutes/inch.
C. Placement of absorption trenches below soil restrictions.
Placement of the soil absorption trench bottom below soil
restrictions as defined in 12VAC5-610-490 D, whether or not
there is evidence of a perched water table as indicated by free
standing water or gray mottlings or coloration, requires a
special design based on the following criteria:
1. The soil horizon into which the absorption trench bottom
is placed shall be a Texture Group I, II or III soil or have
an estimated or measured percolation rate of less than 91
minutes per inch.
2. The soil horizon shall be a minimum of three feet thick
and shall exhibit no characteristics that indicate wetness on
restriction of water movement. The absorption trench
bottom shall be placed so that at least two feet of the soil
horizon separates the trench bottom from the water table
and/or rock. At least one foot of the absorption trench side
wall shall penetrate the soil horizon.
3. A lateral ground water movement interceptor (LGMI)
shall be placed upslope of the absorption area. The LGMI
shall be placed perpendicular to the general slope of the
land. The invert of the LGMI shall extend into, but not
through, the restriction and shall extend for a distance of
10 feet on either side of the absorption area (See 12VAC5-
610-700 D 3).
4. Pits shall be constructed to facilitate soil evaluations as
necessary.
D. Sizing of absorption trench area.
1. Required area. The total absorption trench bottom area
required shall be based on the average estimated or
measured percolation rate for the soil horizon or horizons
into which the absorption trench is to be placed. If more
than one soil horizon is utilized to meet the sidewall
infiltrative surface required in subsection B of this section,
the absorption trench bottom area shall be based on the
average estimated or measured percolation rate of the
"slowest" horizon. The trench bottom area required in
square feet per 100 gallons (Ft²/100 Gals) of sewage
applied for various soil percolation rates is tabulated in
Table 5.4. The area requirements are based on the
equation:
log y = 2.00 + 0.008 (x)
where y = Ft²/100 Gals
x = Percolation rate in minutes/inch
Notwithstanding the above, the minimum absorption area
for single family residential dwellings shall be 400 square
feet.
2. Area reduction. See Table 5.4 of this section for percent
area reduction when gravelless material or low pressure
distribution is utilized. A reduction in area shall not be
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permitted when flow diversion is utilized with low pressure
distribution. When gravelless material is utilized, the width
of the trench excavation shall be used to calculate
minimum area requirements for absorption trenches.
E. Minimum cross section dimensions for absorption
trenches.
1. Depth. The minimum trench sidewall depth as measured
from the surface of the mineral soil shall be 12 inches
when placed in a landscape with a slope less than 10%.
The installation depth shall be measured on the downhill
side of the absorption trench. When the installation depth is
less than 18 inches, the depth shall be measured from the
lowest elevation in the microtopography. All systems shall
be provided with at least 12 inches of cover to prevent frost
penetration and provide physical protection to the
absorption trench; however, this requirement for additional
cover shall not apply to systems installed on slopes of 30%
or greater. Where additional soil cover must be provided to
meet this minimum, it must be added prior to construction
of the absorption field, and it must be crowned to provide
positive drainage away from the absorption field. The
minimum trench depth shall be increased by at least five
inches for every 10% increase in slope. Sidewall depth is
measured from the ground surface on the downhill side of
the trench.
2. Width. All absorption trenches utilized with gravity
distribution shall have a width of from 18 inches to 36
inches. All absorption trenches utilized with low pressure
distribution shall have a width of eight inches to 24 inches.
F. Lateral separation of absorption trenches. The absorption
trenches shall be separated by a center to center distance no
less than three times the width of the trench for slopes up to
10%. However, where trench bottoms are two feet or more
above rock, pans and impervious strata, the absorption
trenches shall be separated by a center to center distance no
less than three times the width of the trench for slopes up to
20%. The minimum horizontal separation distance shall be
increased by one foot for every 10% increase in slope. In no
case shall the center to center distance be less than 30 inches.
G. Slope of absorption trench bottoms.
1. Gravity distribution. The bottom of each absorption
trench shall have a uniform slope not less than two inches
or more than four inches per 100 feet.
2. Low pressure distribution. The bottom of each
absorption trench shall be uniformly level to prevent
ponding of effluent.
H. Placement of absorption trenches in the landscape.
1. The absorption trenches shall be placed on contour.
2. When the ground surface in the area over the absorption
trenches is at a higher elevation than any plumbing fixture
or fixtures, sewage from the plumbing fixture or fixtures
shall be pumped.
I. Lateral ground water movement interceptors. Where
subsurface, laterally moving water is expected to adversely
affect an absorption system, a lateral ground water movement
interceptor (LGMI) shall be placed upslope of the absorption
area. The LGMI shall be placed perpendicular to the general
slope of the land. The invert of the LGMI shall extend into,
but not through, the restriction and shall extend for a distance
of 10 feet on either side of the absorption area.
Table 5.4.
Area Requirements for Absorption Trenches.
Percolation Rate
(Minutes/Inch)
Area Required
(Ft2/100 Gals)
Area Required
(Ft2/Bedroom)
Gravity Gravity
Gravelless Low Pressure
Distribution Gravity
Gravity
Gravelless Low Pressure
Distribution
5 110 83 110 165 124 165
10 120 90 120 180 135 180
15 132 99 132 198 149 198
20 146 110 146 218 164 218
25 158 119 158 237 178 237
30 174 131 164 260 195 255
35 191 143 170 286 215 260
40 209 157 176 314 236 264
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45 229 172 185 344 258 279
50 251 188 193 376 282 293
55 275 206 206 412 309 309
60 302 227 217 452 339 325
65 331 248 228 496 372 342
70 363 272 240 544 408 359
75 398 299 251 596 447 375
80 437 328 262 656 492 394
85 479 359 273 718 539 409
90 525 394 284 786 590 424
95 575 489 288 862 733 431
100 631 536 316 946 804 473
105 692 588 346 1038 882 519
110 759 645 379 1138 967 569
115 832 707 416 1248 1061 624
120 912 775 456 1368 1163 684
J. Controlled blasting. When rock or rock outcroppings are
encountered during construction of absorption trenches the
rock may be removed by blasting in a sequential manner from
the top to remove the rock. Percolation piping and sewer lines
shall be placed so that at least one foot of compacted clay soil
lies beneath and on each side of the pipe where the pipe
passes through the area blasted. The area blasted shall not be
considered as part of the required absorption area.
12VAC5-610-955. Drip dispersal.
A. Drip dispersal applies wastewater in an even and
controlled manner over an absorption area. Drip dispersal
system components may include treatment components, a
flow equalization pump tank, a filtration system, a flow
measurement method, supply and return piping, small
diameter pipe with emitters, air/vacuum release valves,
redistribution control, and electromechanical components or
controls.
B. Drip dispersal system tubing shall be color coded and
certified by the manufacturer as designed and manufactured
for the dispersal of wastewater. All drip dispersal system
tubing shall be equipped with emitters approved for use with
wastewater. For the application of septic tank effluent, the
tubing must have self-cleaning emitters.
1. The minimum linear feet of tubing in the system shall be
one-half of the minimum soil absorption area in square
feet.
2. All tubing shall be placed on contour.
3. Except as provided by 12VAC5-613, drip systems
dispersing septic tank effluent shall comply with the
requirements of 12VAC5-610-594. Drip systems
dispersing secondary effluent or better require a minimum
of six inches of cover over the tubing. Cover may be
achieved by a combination of installation depth and Group
II or Group III soil cover or other approved material over
the drip field.
4. The discharge rate of any two emitters shall not vary by
more than 10% in order to ensure that the effluent is
uniformly distributed over the entire drip field or zone.
5. The emitters shall be evenly spaced along the length of
the drip tubing at not less than six inches or more than 24
inches apart.
C. Drip dispersal systems shall comply with the following
minimum soil absorption area requirements:
1. For the dispersal of septic tank effluent, the minimum
soil absorption area for a drip system shall be calculated by
multiplying the trench bottom area required for a low
pressure distribution system in Table 5.4 of 12VAC5-610-
950 by three.
2. For the dispersal of secondary or better effluent, the
minimum soil absorption area shall be calculated by
multiplying the trench bottom area for pressure distribution
systems in accordance with subdivision 10 of 12VAC5-
613-80 by three.
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3. Landscape linear loading rates shall be considered for
sloping absorption areas to the greatest extent possible.
The landscape linear loading rate is the volume of effluent
(gallons) applied per day per linear foot of the system
along the natural contour (gallon per day/feet).
4. Air/vacuum release valves shall be located at the high
points of the supply and return manifolds to each zone.
D. All drip dispersal systems shall be equipped with devices
or methods to restrict effluent from draining by gravity to
portions of a zone or laterals lower in elevation. Variable
distribution due to gravity drainage shall be 10% or less
within a zone.
E. A minimum of six hours of emergency storage above the
high water alarm in the pump chamber shall be provided. The
equalization volume shall be equal to 18 hours of storage. The
equalization volume shall be measured from the pump off
level to the high water alarm level. An audio/visual alarm
meeting the requirements of 12VAC5-610-880 B 8 shall be
provided for the pump chamber.
F. Each drip dispersal zone shall be time-dosed over a 24-
hour period. The dose volume and interval shall be set to
provide unsaturated flow conditions. Demand dosing is
prohibited. Minimum dose volume per zone shall be 3.5 times
the liquid capacity of the drip laterals in the zone plus the
liquid capacity of the supply and return manifold lines (which
drain between doses) accounting for instantaneous loading
and drain back.
1. At each dosing cycle, the system design shall only allow
a full dose volume to be delivered.
2. For design flows greater than 1,000 gallons per day, a
means to take each zone off line separately shall be
provided. The system shall have the capability to bypass
each zone that is taken out of service such that each
subsequent dose is dispersed to the next available zone in
sequence.
G. Filtration shall be provided to remove suspended solids
and prevent clogging of emitters. The filtration design shall
meet the drip tubing manufacturer's particle size requirements
for protection of the emitters at a flow rate equal to or greater
than the rate of forward flushing. Filter flush water shall be
returned to the treatment system at a point where the residuals
and volume of the flush water do not negatively impact the
effluent quality or exceed the hydraulic design capacity of the
treatment system.
H. A means for measuring or estimating total flow dispersed
to the soil absorption area and to verify field dosing and field
flushing rates shall be provided.
I. The system shall provide forward field flushing to achieve
scouring velocity as specified by the drip tubing
manufacturer. Field flushing shall occur on a routine schedule
to prevent excessive solids accumulation and clogging. Flush
water shall be returned to the treatment system at a point
where the residuals and volume of the flush water do not
negatively impact the effluent quality or exceed the hydraulic
design capacity of the treatment system.
J. Electrical components shall be Underwriters Laboratory
(UL) listed for the intended purpose. The designer shall
provide a description with a schematic diagram of the
electrical and control functions in the operation and
maintenance manual. The electrical control equipment shall
be mounted within a National Electrical Manufacturers
Association (NEMA) 4X rated enclosure with a rigid latching
door. All switches shall be clearly identified, and all internal
wiring shall be factory installed. All wiring shall be installed
according to applicable electrical safety codes and the
manufacturer's installation schematic.
K. All components in a drip dispersal system shall be rated
to withstand contact with wastewater and recommended for
this application by the manufacturer. All components shall be
protected from freezing.
L. The designer of the drip dispersal system shall conduct a
startup inspection that verifies the dosing rates, the flushing
rates, and other parameters critical to the proper operation of
the system. A summary of the startup inspection shall be
included in the operation and maintenance manual and shall
include, at a minimum, the dosing volume, the forward flow
flushing rate, the pressure head of the system, and verification
of proper cycling between zones.
NOTICE: The following forms used in administering the
regulation were filed by the agency. The forms are not being
published; however, online users of this issue of the Virginia
Register of Regulations may click on the name of a form with a
hyperlink to access it. The forms are also available from the
agency contact or may be viewed at the Office of the Registrar of
Regulations, General Assembly Building, 2nd Floor, Richmond,
Virginia 23219.
FORMS (12VAC5-610)
Application for a Sewage Disposal System Construction
Permit, C.H.S. 200 (rev. 4/83)
Sewage Disposal System Construction Permit, C.H.S. 202A
(rev. 6/84)
Schematic Drawing of Sewage Disposal System and
Topographic, C.H.S. 202B (rev. 6/84)
Application for Sewage Handling Permit, B.W.E. 23-1
Application for Pump and Haul, B.W.E. 25-1
Pump and Haul Storage Facility Construction Permit,
B.W.E. 26-1
Soil Evaluation Form, C.H.S. 201 (rev. 4/83)
Soils Evaluation Percolation Test Data
Record of Inspection - Non-Public Drinking Water Supply
System
Completion Statement, C.H.S. 204 (rev. 4/83)
Gravelless Material: Application for General Approval
(undated)
VA.R. Doc. No. R14-3665; Filed January 2, 2014, 3:45 p.m.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
REAL ESTATE APPRAISER BOARD
Proposed Regulation
Title of Regulation: 18VAC130-30. Appraisal Management
Company Regulations (adding 18VAC130-30-10 through
18VAC130-30-170).
Statutory Authority: § 54.1-201 of the Code of Virginia.
Public Hearing Information:
February 27, 2014 - 9 a.m. - 9960 Mayland Drive, Suite
200, Board Room 1, Richmond, VA 23233
Public Comment Deadline: March 28, 2014.
Agency Contact: Christine Martine, Executive Director, Real
Estate Appraiser Board, 9960 Mayland Drive, Suite 400,
Richmond, VA 23233, telephone (804) 367-8552, FAX (866)
350-7849, or email [email protected].
Basis: Title 12, Chapter 34A, Section 3353 (Appraisal
Management Company Minimum Requirements) of the
United States Code requires that appraisal management
companies register with and be subject to supervision by a
state appraiser certifying and licensing agency in each state in
which such company operates.
The second and third enactments of Chapter 405 of the 2012
Acts of Assembly state: "That the Real Estate Appraiser
Board shall promulgate regulations to implement the
provisions of this act to be effective July 1, 2014. That the
provisions of this act shall become effective on July 1, 2012,
except that § 54.1-2021.1 of this act shall become effective
July 1, 2014." Section 54.1-2021.1 of the Code of Virginia
states that beginning July 1, 2014, the board may issue a
license to do business as an appraisal management company
in the Commonwealth to any applicant who has submitted a
complete application and submitted certain satisfactory
evidence.
Section 54.1-201 A 1 of the Code of Virginia authorizes the
board to establish the qualifications of applicants for
certification or licensure by any such board, provided that all
qualifications shall be necessary to ensure either competence
or integrity to engage in such profession or occupation.
Section 54.1-201 A 5 of the Code of Virginia authorizes the
board to promulgate regulations in accordance with the
Administrative Process Act (§ 2.2-4000 et seq. of the Code of
Virginia) necessary to assure continued competency, to
prevent deceptive or misleading practices by practitioners and
to effectively administer the regulatory system administered
by the regulatory board.
Purpose: The Dodd-Frank Wall Street Reform and Consumer
Protection Act (Public Law 111-203) was signed into law on
July 21, 2010, and requires that appraisal management
companies register with and be subject to supervision by a
state appraiser certifying and licensing agency in each state in
which such company operates. To comply with this
requirement, the General Assembly adopted § 54.1-2021.1 of
the Code of Virginia, which permits the board, beginning July
1, 2014, to issue a license to do business as an appraisal
management company in the Commonwealth to any applicant
who has submitted a complete application. The proposed
regulations complement the law enacted in Chapter 405 of the
2012 Acts of Assembly and provide minimum burdens on
regulants while still protecting the public.
The board provides protection to the safety and welfare of the
citizens of the Commonwealth by ensuring that only those
individuals who meet specific criteria set forth in the statutes
and regulations are eligible to receive an appraisal
management company license. The board sets minimum
standards for licensure in compliance with the federal
requirements to help protect the health and safety of the
citizens of the Commonwealth.
Substance: The new chapter has several parts, as follows:
General: Defines the terms used throughout the
regulations.
Entry: States the application procedures and provides
qualifications for licensure of appraisal management
companies, including responsible person and controlling
person information, bond and letter of credit
requirements, and past criminal conviction and
disciplinary action information.
Fees: Lists all fees, including application fees, federal
registry fees, renewal fees, and reinstatement fees.
Renewal and Reinstatement: Establishes requirements for
renewal and reinstatement of license, including
qualifications, procedures, and fees; status of license
during period prior to reinstatement; and board discretion
to deny renewal or reinstatement.
Standards of Practice: Describes grounds for disciplinary
action, license maintenance requirements, and prohibited
acts.
Issues: The Code of Virginia establishes the board as the state
agency that oversees the licensure and regulation of appraisal
management companies providing services in Virginia. The
board's primary mission is to protect the citizens of the
Commonwealth by prescribing requirements for minimal
competencies, by prescribing standards of conduct and
practice, and by imposing penalties for not complying with
the regulations. The proposed regulations provide
clarification and guidance to licensees so they can better serve
the public and comply with industry standards.
The proposed regulations pose no disadvantages to the public
or the Commonwealth.
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Department of Planning and Budget's Economic Impact
Analysis:
Summary of the Proposed Amendments to Regulation. As
permitted by Chapter 405 of the 2012 Acts of the Assembly,
the Real Estate Appraisal Board (Board) proposes to
promulgate new regulations for the licensure of real estate
appraisal management companies.
Result of Analysis. There is insufficient information to
ascertain whether benefits will outweigh costs for these
proposed regulations.
Estimated Economic Impact. Legislative History: In 2010, the
United States Congress passed the Dodd-Frank Wall Street
Reform and Consumer Protection Act (Dodd-Frank). This
act, among other things, requires states to register appraisal
management companies and also requires a group of
governmental entities to jointly establish minimal
requirements that states must apply to such registration.1
Dodd-Frank mandates that regulations promulgated by these
federal entities:
1) Require that appraisal management companies register
with, and be supervised by, a state appraiser certifying
and licensing agency in each state in which companies
operate,
2) Verify that only licensed or certified appraisers are
used for federally related transactions,
3) Require that appraisals coordinated by an appraisal
management company comply with the Uniform
Standards of Professional Appraisal Practice and
4) Require that appraisals are conducted independently
and free from inappropriate influence and coercion.
Dodd-Frank states that no appraisal management company
may perform services that are related to federal transactions
in a state that has not set up a registration program that
complies with Dodd-Frank 36 months after federal
regulations are promulgated and in their final form. Dodd-
Frank also allows a 12-month extension to the 36-month time
limit for states that have made substantial progress in
establishing an appraisal management company registration
program. Board staff reports that, to their knowledge, the
federal entities tasked with promulgation of federal
regulations have not yet begun to write them.
In 2012, the Virginia General Assembly passed HB210 which
amended some rules for appraisers and appraisal management
companies and added § 54.1-2021.1 to the Code of Virginia.
Section 54.1-2021.1 states that "(b)eginning July 1, 2014, the
Board may issue a license to do business as an appraisal
management company" and goes on to list required
information for an application for licensure and some
requirements for bond that are conditioned upon companies
applying for licensure. Neither Chapter 405 of the 2012 Acts
of Assembly nor any other part of the Code of Virginia
requires appraisal management companies to be licensed by
the Board to do business. Additionally, the Code of Virginia
does not currently make unlicensed practice for appraisal
management companies a crime with punishments attached.
Given the permissive but not mandatory nature of the
language that allows licensure, the lack of other licensure
requirements in the Code of Virginia and the Board's lack of
authority to punish unlicensed individuals or companies, the
Board sought counsel from the Attorney Generals office
which advised that the licensure program proposed by the
Board in these regulations cannot be enforced against
companies that decide not to be licensed. This program will
be, in effect, voluntary.
Although Chapter 405 does not create or authorize a
mandatory licensure program, other parts of the Code do meet
three of the four requirements that Dodd-Frank lays out for
federal regulations. Licensure for real estate appraisers is
mandatory and, since 1992, § 54.1-2011 of the Code of
Virginia has explicitly stated that only licensed appraisers
may perform appraisals in connection with a federally related
transaction (#2 on the list above). Section 54.1-2022 of the
Code of Virginia appears to require that appraisal
management companies follow the Uniform Standards of
Professional Appraisal Practice as required by #3 on the list.
Section 54.1-2022 also explicitly states that "(n)o employee,
director, officer, or agent of an appraisal management
company shall influence or attempt to influence the
development, reporting, result or review of a real estate
appraisal through coercion, extortion, collusion,
compensation, inducement, intimidation, bribery or in any
other manner" and goes on to list some, but not all, specific
acts that are prohibited; this language in the Code would seem
to handily satisfy the requirements in #4 on the list above.
If three of the four requirements for appraisal management
companies that are explicitly listed in Dodd-Frank are already
in the Code of Virginia, and absent the federal regulating
agencies adding any other requirements in the yet to be
promulgated federal regulations, Virginia might only have to
require registration of appraisal management companies,
similar to what is currently required for appraisal companies
formed by independent licensed appraisers, in order to meet
all requirements of Dodd-Frank.
Proposed Regulatory Requirements:
As allowed by Chapter 405 of the 2012 Acts of the Assembly,
the Board now proposes to promulgate new regulations for
licensure of appraisal management companies that operate in
Virginia. These regulations will:
1) Define terms that are not already defined in the statute,
2) Create application procedures to list qualifications for
appraisal management company licensure including
requiring:
• A listing of the company's designated responsible
person and controlling person information,
• A $25,000 bond or letter of credit requirements (as
required of licensees in § 54.1-2021.1) and
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• Disclosure of any past felony conviction, any
misdemeanor convictions in the five years immediately
prior to application for licensure and any disciplinary
action information for responsible persons, controlling
persons and any individual who owns 10% or more of an
appraisal management company.
3) Establish a licensure fee of $490 plus the National
Registry fee of $50 per appraiser employed by or
contracting with a firm, a renewal fee of $300 plus the
National Registry fee of $50 per appraiser, and a
reinstatement fee of $790 plus the National Registry fee
of $50 per appraiser,
4) Describe requirements for biennial renewal and
reinstatement, including qualifications, procedures and
fees, status of license during the time prior to
reinstatement, and board discretion to deny renewal or
reinstatement,
5) List grounds for disciplinary action, license
maintenance requirements, and prohibited acts,
6) Specify that a change of business entity requires a new
license and that licenses may not be transferred from one
entity to another,
7) Clarify that licensees are required to notify the board
of certain adverse actions, like criminal convictions or
regulatory disciplinary actions, taken against any
individual who is required to report such adverse actions
on an application for licensure and
8) Mandate that licensees respond to the board's requests
for information and provide records within certain
timeframes.
All proposed regulatory requirements will only apply to
licensees. As noted above, licensure under these proposed
regulations will, in effect, be voluntary absent some changes
to the Code of Virginia. Absent those changes, appraisal
management companies will likely not have an incentive to
become licensed until at least 36 months after federal
regulations are promulgated when they would lose the right to
perform services related to federal transactions if they are not
registered with the state.
Individuals who choose to be licensed under these proposed
regulations will incur time and possibly copying costs on
account of having to compile and send information required
as a part of the initial and renewal application processes.
Companies who choose to be licensed will incur costs for the
$25,000 bond or letter of credit that legislation requires they
carry as security against claims due to poor service or non-
payment of monies owed for contracted appraisal services.
Companies will also incur costs for licensure fees listed
above plus payment of a National Registry fee for each
appraiser that works for or with them. Board staff reports that
the Board does not have information about how many
appraisers, on average, work for any particular appraisal
management company but that they would estimate that 90%
of appraisers work in some capacity for such companies.
Information available on the Department of Professional and
Occupational Regulations (DPOR) website indicates that
there are approximately 3,390 real estate appraisers who hold
a current active license from the Board; 90% of these would
be approximately 3,055. This number multiplied by $50 (or
$152,730) will approximate the total biennial costs for fees
paid to the National Registry if all 150 appraisal management
companies in the Commonwealth chose to be licensed
(approximately $1,018 per firm). These costs would need to
be weighed against any benefit that accrues to the public if
appraisal management firms act in a more ethical, less
profligate manner on account of licensure.
Businesses and Entities Affected. Board staff reports that
there are approximately 150 appraisal management
companies in the Commonwealth, all of which would qualify
as small businesses. Any of these companies that choose to be
licensed will be affected by these proposed regulations.
Localities Particularly Affected. No locality will be
particularly affected by this proposed regulatory action.
Projected Impact on Employment. Right now, firms are
unlikely to choose licensure unless the benefits of being
licensed outweigh its costs. Accordingly, these proposed
regulations are unlikely to have an adverse impact on
employment. In the future, if licensure is required by the state
or when Dodd-Frank bans firms from performing services
relating to federal transactions if they are not registered with
the state, the costs of licensure may cause appraisal
management companies to hire or contract with fewer
appraisers. At that time, appraisal management firms that are
only marginally attached to the market place may choose to
stop working in appraisal management altogether.
Effects on the Use and Value of Private Property. As a
voluntary program, these proposed regulations are unlikely to
affect the use or value of private property in the
Commonwealth. If licensure becomes required or when
Dodd-Frank bans firms from performing services relating to
federal transactions if they are not registered with the state,
the costs of licensure may have a negative effect on the value
of private firms.
Small Businesses: Costs and Other Effects. Currently, small
businesses that choose to be licensed under these proposed
regulations will incur costs for licensure fees, National
Registry fees and for gathering and transmitting information
required for licensure applications. These businesses will also
incur costs associated with getting and keeping the $25,000
bond or letter of credit required by § 54.1-2021.1.
Small Businesses: Alternative Method that Minimizes
Adverse Impact. Since it appears that most of the
requirements for appraisal management companies in Dodd-
Frank are already met by language in the Code of Virginia,
the Board or the General Assembly may wish to consider
only requiring registration with the Board rather than moving
toward requiring licensure of all companies if such a
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registration program would be less costly for regulated
entities.
Real Estate Development Costs. At this time, this regulatory
action will likely have no effect on real estate development
costs in the Commonwealth.
Legal Mandate. The Department of Planning and Budget
(DPB) has analyzed the economic impact of this proposed
regulation in accordance with § 2.2-4007.04 of the
Administrative Process Act and Executive Order Number 14
(10). Section 2.2-4007.04 requires that such economic impact
analyses include, but need not be limited to, a determination
of the public benefit, the projected number of businesses or
other entities to whom the regulation would apply, the
identity of any localities and types of businesses or other
entities particularly affected, the projected number of persons
and employment positions to be affected, the projected costs
to affected businesses or entities to implement or comply with
the regulation, and the impact on the use and value of private
property. Further, if the proposed regulation has an adverse
effect on small businesses, § 2.2-4007.04 requires that such
economic impact analyses include (i) an identification and
estimate of the number of small businesses subject to the
regulation; (ii) the projected reporting, recordkeeping, and
other administrative costs required for small businesses to
comply with the regulation, including the type of professional
skills necessary for preparing required reports and other
documents; (iii) a statement of the probable effect of the
regulation on affected small businesses; and (iv) a description
of any less intrusive or less costly alternative methods of
achieving the purpose of the regulation. The analysis
presented above represents DPB's best estimate of these
economic impacts.
_________________________________________________ 1 The Board of Governors for the Federal Reserve System, the Comptroller of the Currency, representatives of the Federal Deposit Insurance Corporation,
the National Credit Union Administration Board, representatives of the
Federal Housing Finance Agency and representatives of the Bureau of Consumer Financial Protection (that was newly formed by the Dodd-Frank
Act) are jointly tasked with establishing minimum registration requirements
for appraisal management companies.
Agency's Response to Economic Impact Analysis: The Real
Estate Appraiser Board concurs with approval.
Summary:
To implement Chapter 405 of the 2012 Acts of Assembly,
the proposed new chapter provides for the licensure and
regulation of real estate appraisal management
companies. The regulation establishes definitions,
qualifications for licensure, fees, and standards of practice
and conduct.
CHAPTER 30
APPRAISAL MANAGEMENT COMPANY
REGULATIONS
Part I
General
18VAC130-30-10. Definitions.
A. Section 54.1-2020 of the Code of Virginia provides
definitions of the following terms and phrases as used in this
chapter:
"Appraisal management company"
"Appraisal services"
"Appraiser"
"Board"
"Employee"
"Uniform Standards of Professional Appraisal Practice"
B. The following words and phrases when used in this
chapter shall have the following meanings unless the context
clearly indicates otherwise:
"Address of record" means the mailing address designated
by the regulant to receive notices and correspondence from
the board. Notice mailed to the address of record by certified
mail, return receipt requested, shall be deemed valid notice.
"Applicant" means an appraisal management company that
has submitted an application for licensure.
"Application" means a completed, board-prescribed form
submitted with the appropriate fee and other required
documentation.
"Controlling person" means (i) an owner, officer, or director
of a corporation or a partnership or a managing member of a
limited liability company or other business entity seeking to
offer appraisal management services; (ii) an individual
employed, appointed, or authorized by an appraisal
management company who has the authority to enter into a
contractual relationship with other persons for the
performance of appraisal management services and has the
authority to enter into agreements with appraisers for the
performance of appraisals; or (iii) an individual who
possesses, directly or indirectly, the power to direct or cause
the direction of the management or policies of an appraisal
management company.
"Department" means the Virginia Department of
Professional and Occupational Regulation.
"Direct supervision" means exercising oversight and
direction of, and control over, the work of another.
"Firm" means a sole proprietorship, association, partnership,
corporation, limited liability company, limited liability
partnership, or any other form of business organization
recognized under the laws of the Commonwealth of Virginia
and properly registered, as may be required, with the Virginia
State Corporation Commission.
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"Regulant" means an appraisal management company as
defined in § 54.1-2020 of the Code of Virginia that holds a
license issued by the board.
"Reinstatement" means the process and requirements
through which an expired license can be made valid without
the regulant having to apply as a new applicant.
"Renewal" means the process and requirements for
periodically approving the continuance of a license.
"Responsible person" means a person licensed under
Chapter 20.1 (§ 54.1-2009 et seq.) of Title 54.1 of the Code
of Virginia who shall be designated by each regulant to
ensure compliance with Chapter 20.2 (§ 54.1-2020 et seq.) of
Title 54.1 of the Code of Virginia, and all regulations of the
board, and to receive communications and notices from the
board that may affect the regulant.
"Sole proprietor" means any individual, not a corporation or
other registered business entity, who is trading under his own
name or under an assumed or a fictitious name pursuant to the
provisions of §§ 59.1-69 through 59.1-76 of the Code of
Virginia.
"Timely payment" means payment to an appraiser for the
completion of an appraisal or a valuation assignment within
30 days after the appraiser delivers the completed appraisal or
valuation assignment to the appraisal management company
except in cases of breach of contract or noncompliance with
the conditions of the engagement or performance of services
that violates the Uniform Standards of Professional Appraisal
Practice.
Part II
Entry
18VAC130-30-20. Application procedures.
An applicant seeking licensure shall submit an application
with the appropriate fee specified in 18VAC130-30-60.
Application shall be made on a form provided by the board or
its agent.
By submitting the application to the department, the
applicant certifies that the applicant has read and understands
the applicable statutes and the board's regulations.
The receipt of an application and the deposit of fees by the
board does not indicate approval by the board.
The board may make further inquiries and investigations
with respect to the applicant's qualifications to confirm or
amplify information supplied. All applications shall be
completed in accordance with the instructions contained in
this chapter and on the application. Applications will not be
considered complete until all documents are received by the
board.
A firm will be notified within 30 days of the board's receipt
of an initial application if the application is incomplete. A
firm that fails to complete the process within 12 months of
receipt of the application in the board's office must submit a
new application and fee.
18VAC130-30-30. Qualifications for licensure as an
appraisal management company.
A. Firms that meet the definition of appraisal management
company as defined in § 54.1-2020 of the Code of Virginia
shall submit an application on a form prescribed by the board
and shall meet the requirements set forth in § 54.1-2021.1 of
the Code of Virginia, as well as the additional qualifications
of this section.
B. Any firm acting as an appraisal management company as
defined in § 54.1-2020 of the Code of Virginia shall hold a
license as an appraisal management company. All names
under which the appraisal management company conducts
business shall be disclosed on the application. The name
under which the firm conducts business and holds itself out to
the public (i.e., the trade or fictitious name) shall also be
disclosed on the application. Firms shall be organized as
business entities under the laws of the Commonwealth of
Virginia or otherwise authorized to transact business in
Virginia. Firms shall register any trade or fictitious names
with the State Corporation Commission or the clerk of the
court in the county or jurisdiction where the business is to be
conducted in accordance with §§ 59.1-69 through 59.1-76 of
the Code of Virginia before submitting an application to the
board.
C. The applicant for an appraisal management company
license shall disclose the firm's mailing address and the firm's
physical address. A post office box is only acceptable as a
mailing address when a physical address is also provided.
D. In accordance with § 54.1-204 of the Code of Virginia,
each applicant for an appraisal management company license
shall have any person who owns 10% or more of the firm and
the controlling person of the firm submit to fingerprinting and
a background investigation and disclose the following
information:
1. All felony convictions.
2. All misdemeanor convictions in any jurisdiction that
occurred within five years of the date of application.
3. Any plea of nolo contendere or finding of guilt
regardless of adjudication or deferred adjudication shall be
considered a conviction for the purposes of this section.
The record of conviction certified or authenticated in such
form as to be admissible in evidence under the laws of the
jurisdiction where convicted shall be admissible as prima
facie evidence of such guilt.
E. The applicant for an appraisal management company
license, the controlling person, the responsible person, and
any person who owns 10% or more of the firm shall be in
good standing in Virginia and in every jurisdiction and with
every board or administrative body where licensed, certified,
or registered, and the board, in its discretion, may deny
licensure to any applicant who has been subject to, or whose
controlling person or responsible person has been subject to,
or any person who owns 10% or more of the firm has been
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subject to, any form of adverse disciplinary action, including
but not limited to (i) reprimand; revocation, suspension, or
denial of license; imposition of a monetary penalty;
requirement to complete remedial education, or any other
corrective action in any jurisdiction or by any board or
administrative body or (ii) surrender of a license, a certificate,
or registration in connection with any disciplinary action in
any jurisdiction prior to obtaining licensure in Virginia.
F. The board shall deny the application for licensure of an
applicant for an appraisal management company if any person
or entity that owns 10% or more or the appraisal management
company has had an appraiser license refused, denied,
canceled, or revoked in Virginia or any jurisdiction.
G. The applicant for an appraisal management company
license shall be in compliance with the standards of conduct
and practice set forth in Part V (18VAC130-30-120 et seq.) of
this chapter at the time of application, while the application is
under review by the board, and at all times when the license is
in effect.
H. The applicant for an appraisal management company
license shall submit evidence of a bond or letter of credit in
accordance with § 54.1-2021.1 C of the Code of Virginia.
Proof of current bond or letter of credit with the appraisal
management company as the named bond holder or letter of
credit holder must be submitted to obtain or renew the
license. The bond or letter of credit must be in force no later
than the effective date of the license and shall remain in effect
through the date of expiration of the license. The bond or
letter of credit shall include:
1. The principal of the bond or letter of credit;
2. The beneficiary of the bond or letter of credit;
3. The name of the surety or financial institution that
issued the bond or letter of credit;
4. The bond or letter of credit number as assigned by the
issuer;
5. The dollar amount; and
6. The expiration date or, if self-renewing, the date by
which the bond or letter of credit shall be renewed.
I. The firm shall provide the name, address, and contact
information for any person or entity that owns 10% or more
of the appraisal management company.
J. The firm shall designate a responsible person.
18VAC130-30-40. Application denial.
The board may refuse initial licensure due to an applicant's
failure to comply with entry requirements or for any of the
reasons the board may discipline a regulant.
Part III
Fees
18VAC130-30-50. General fee requirements.
All fees are nonrefundable and shall not be prorated. The
date on which the fee is received by the department or its
agent will determine whether the fee is on time. Checks or
money orders shall be payable to the Treasurer of Virginia.
18VAC130-30-60. Fee schedule.
Fee Type Fee Amount When Due
Initial
Application -
Appraisal
Management
Company
$490 plus
National
Registry fee of
$50 per appraiser
working for or
contracting with
the appraisal
management
company
With
application
Renewal -
Appraisal
Management
Company
$300 plus
National
Registry fee of
$50 per appraiser
working for or
contracting with
the appraisal
management
company
With renewal
application
Reinstatement -
Appraisal
Management
Company
$790 (includes a
$490
reinstatement fee
in addition to the
regular $300
renewal fee) plus
National
Registry fee of
$50 per appraiser
working for or
contracting with
the appraisal
management
company
With
reinstatement
application
Each appraisal management company shall submit a $50
National Registry fee assessment for each appraiser working
for or contracting with the appraisal management company
during the previous year in accordance with § 1109 of the
Financial Institutions Reform, Recovery, and Enforcement
Act of 1989 (12 USC §§ 3331-3351). This fee may be
adjusted and charged to an appraisal management company in
accordance with the Act.
Part IV
Renewal and Reinstatement
18VAC130-30-70. Renewal required.
A license issued under this chapter shall expire two years
from the last day of the month in which it was issued. A fee
shall be required for renewal.
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18VAC130-30-80. Expiration and renewal.
A. Prior to the expiration date shown on the license, licenses
shall be renewed upon (i) completion of the renewal
application, (ii) submittal of proof of current bond or letter of
credit as detailed in 18VAC130-30-30 G, and (iii) payment of
the fees specified in 18VAC130-30-60.
B. The board will mail a renewal notice to the regulant at the
last known mailing address of record. Failure to receive this
notice shall not relieve the regulant of the obligation to renew.
If the regulant fails to receive the renewal notice, a copy of
the license may be submitted with the required fees as an
application for renewal. By submitting an application for
renewal, the regulant is certifying continued compliance with
the standards of conduct and practice in Part V (18VAC130-
30-120 et seq.) of this chapter.
C. Applicants for renewal shall continue to meet all of the
qualifications for licensure set forth in Part II (18VAC130-
30-20 et seq.) of this chapter.
18VAC130-30-90. Reinstatement of appraisal
management company license required.
A. If all of the requirements for renewal of a license as
specified in 18VAC130-30-80 A are not completed within 30
days of the license expiration date, the regulant shall be
required to reinstate the license by meeting all renewal
requirements and by paying the reinstatement fee specified in
18VAC130-30-60.
B. A license may be reinstated for up to one year following
the expiration date. After one year, the license may not be
reinstated under any circumstances and the firm must meet all
current entry requirements and apply as a new applicant.
C. Any regulated activity conducted subsequent to the
license expiration date may constitute unlicensed activity and
be subject to prosecution under Chapter 1 (§ 54.1-100 et seq.)
of Title 54.1 of the Code of Virginia.
18VAC130-30-100. Status of license during the period
prior to reinstatement.
A regulant who applies for reinstatement of a license shall
be subject to all laws and regulations as if the regulant had
been continuously licensed. The regulant shall remain under
and be subject to the disciplinary authority of the board
during this entire period.
18VAC130-30-110. Board discretion to deny renewal or
reinstatement.
The board may deny renewal or reinstatement of a license
for the same reasons as the board may refuse initial licensure
or discipline a regulant.
The board may deny renewal or reinstatement of a license if
the regulant has been subject to a disciplinary proceeding and
has not met the terms of an agreement for licensure or other
board order, has not satisfied all sanctions, or has not fully
paid any monetary penalties and costs imposed by the board,
plus any accrued interest.
Part V
Standards of Conduct and Practice
18VAC130-30-120. Grounds for disciplinary action.
The board has the power to fine any regulant, to place any
regulant on probation, and to suspend or revoke any license
issued under the provisions of Chapter 20.2 (§ 54.1-2020 et
seq.) of Title 54.1 of the Code of Virginia and the regulations
of the board, in accordance with subdivision 7 of § 54.1-201
and § 54.1-202 of the Code of Virginia and the provisions of
the Administrative Process Act (§ 2.2-4000 et seq. of the
Code of Virginia) when any regulant has been found to have
violated or cooperated with others in violating any provision
of Chapter 20.2 of Title 54.1 of the Code of Virginia, any
relevant provision of the Uniform Standards of Professional
Appraisal Practice as developed by the Appraisal Standards
Board of the Appraisal Foundation, or any regulation of the
board.
18VAC130-30-130. Maintenance of license.
A. No license issued by the board shall be assigned or
otherwise transferred.
B. A regulant shall report, in writing, all changes of address
to the board within 30 days of the change and shall return the
license to the board. In addition to the address of record, a
physical address is required for each license. If the regulant
holds more than one license, certificate, or registration, the
regulant shall inform the board of all licenses, certificates,
and registrations affected by the address change.
C. Any change in any of the qualifications for licensure
found in 18VAC130-30-30 shall be reported to the board
within 30 days of the change.
D. Notwithstanding the provisions of subsection C of this
section, a regulant shall report the cancellation, amendment,
expiration, or any other change of any bond or letter of credit
submitted in accordance with 18VAC130-30-30 G within five
days of the change.
E. A regulant shall report to the board the discharge or
termination of the responsible person and provide to the
board the new responsible person designated by the regulant
within five business days of the discharge or termination and
name a new responsible person.
18VAC130-30-140. Change of business entity requires a
new license.
A. Licenses are issued to firms as defined in this chapter and
are not transferable. Whenever the legal business entity
holding the license is dissolved or altered to form a new
business entity, the license becomes void and shall be
returned to the board within 30 days of the change. Such
changes include but are not limited to:
1. Cessation of the business or the voluntary termination of
a sole proprietorship or general partnership;
2. Death of a sole proprietor;
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3. Formation, reformation, or dissolution of a general
partnership, limited partnership, corporation, limited
liability company, association, or any other business entity
recognized under the laws of the Commonwealth of
Virginia; or
4. The suspension or termination of the corporation's
existence by the State Corporation Commission.
B. When a new firm is formed, the new firm shall apply for
a new license on a form provided by the board before
engaging in any activity regulated by Chapter 20.2 (§ 54.1-
2020 et seq.) of Title 54.1 of the Code of Virginia or the
regulations of the board.
18VAC130-30-150. Notice of adverse action.
A. Licensed appraisal management companies shall notify
the board of the following actions against the firm, the
responsible person, any controlling person, or any person who
owns 10% or more of the firm:
1. Any disciplinary action taken by any jurisdiction, board,
or administrative body of competent jurisdiction,
including, but not limited to, any reprimand; license or
certificate revocation, suspension, or denial; monetary
penalty; or requirement for remedial education or other
corrective action.
2. Any voluntary surrender of a license, certificate, or
registration done in connection with a disciplinary action in
another jurisdiction.
3. Any conviction, finding of guilt, or plea of guilty,
regardless of adjudication or deferred adjudication, in any
jurisdiction of the United States of any misdemeanor
involving moral turpitude, sexual offense, drug
distribution, or physical injury, or any felony, there being
no appeal pending therefrom or the time for appeal having
lapsed. Review of convictions shall be subject to the
requirements of § 54.1-204 of the Code of Virginia. Any
plea of nolo contendere shall be considered a conviction
for the purpose of this section.
B. The notice must be made to the board in writing within
30 days of the action. A copy of the order or other supporting
documentation must accompany the notice. The record of
conviction, finding, or case decision shall be considered
prima facie evidence of a conviction or finding of guilt.
18VAC130-30-160. Prohibited acts.
The following acts are prohibited and any violation may
result in disciplinary action by the board:
1. Violating, inducing another to violate, or cooperating
with others in violating any of the provisions of any of the
regulations of the board or Chapter 20.2 (§ 54.1-2020 et
seq.) of Title 54.1 of the Code of Virginia, or engaging in
any acts enumerated in § 54.1-111 of the Code of Virginia.
2. Allowing a license issued by the board to be used by
another.
3. Obtaining or attempting to obtain a license by false or
fraudulent representation, or maintaining, renewing, or
reinstating a license by false or fraudulent representation.
4. The regulant, the responsible person, any controlling
person, or any person who owns 10% or more of the firm
having been convicted, found guilty, or disciplined in any
jurisdiction of any offense or violation enumerated in
18VAC130-30-150.
5. Failing to inform the board in writing within 30 days
that the regulant, the responsible person, any controlling
person, or any person who owns 10% or more of the firm
was convicted, found guilty, or disciplined in any
jurisdiction of any offense or violation enumerated in
18VAC130-30-150.
6. Failing to report a change as required by 18VAC130-30-
130 or 18VAC130-30-140.
7. Engaging in dishonest or fraudulent conduct as an
appraisal management company.
8. Failing to satisfy any judgments or restitution orders
entered by a court or arbiter of competent jurisdiction.
9. Engaging in any acts enumerated in subsections A
through D of § 54.1-2022 of the Code of Virginia.
10. Failing to act as an appraisal management company in
a manner that safeguards the interests of the public.
11. Advertising in any name other than the name or names
in which licensed.
12. Failing to maintain the bond or letter of credit as
required by 18VAC130-30-30 G.
13. Failing to have a system in place to review the work of
all appraisers who may perform appraisal services for the
appraisal management company on a periodic basis to
ensure that the appraisal services are being conducted in
conformance with the Uniform Standards of Professional
Appraisal Practice.
14. Failing to maintain a detailed record of the following:
(i) each request for an appraisal service that the appraisal
management company receives, (ii) the name of each
independent appraiser that performs the appraisal, (iii) the
physical address or legal identification of the subject
property, (iv) the name of the appraisal management
company's client for the appraisal, (v) the amount paid to
the appraiser, and (vi) the amount paid to the appraisal
management company.
15. Failing to have a system in place to ensure compliance
with § 129E of the Truth in Lending Act (15 USC § 1601
et seq.).
16. Failing to include the regulant's Virginia license
number on all contracts, agreements, letters of engagement,
or other documentation entered with an independent
appraiser for the performance of appraisal services.
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18VAC130-30-170. Response to inquiry and provision of
records.
A. A regulant must respond within 10 days to a request by
the board or any of its agents regarding any complaint filed
with the department.
B. Unless otherwise specified by the board, a regulant of the
board shall produce to the board or any of its agents within 10
days of the request any document, book, or record concerning
any transaction pertaining to a complaint filed in which the
regulant was involved, or for which the regulant is required to
maintain records for inspection and copying by the board or
its agents. The board may extend such time frame upon a
showing of extenuating circumstances prohibiting delivery
within such 10-day period.
C. A regulant shall not provide a false, misleading, or
incomplete response to the board or any of its agents seeking
information in the investigation of a complaint filed with the
board.
D. With the exception of the requirements of subsections A
and B of this section, a regulant must respond to an inquiry
by the board or its agents within 21 days.
NOTICE: The following form used in administering the
regulation was filed by the agency. The form is not being
published; however, online users of this issue of the Virginia
Register of Regulations may click on the name of the form to
access it. The form is also available from the agency contact
or may be viewed at the Office of the Registrar of
Regulations, General Assembly Building, 2nd Floor,
Richmond, Virginia 23219.
FORMS (18VAC130-30)
Appraisal Management Company License Application,
A461-40##LIC-v1 (2014)
VA.R. Doc. No. R13-3435; Filed December 26, 2013, 11:31 a.m.
REAL ESTATE BOARD
Final Regulation
Title of Regulation: 18VAC135-50. Fair Housing
Regulations (amending 18VAC135-50-10, 18VAC135-50-
20, 18VAC135-50-50, 18VAC135-50-110, 18VAC135-50-
200, 18VAC135-50-270, 18VAC135-50-290, 18VAC135-
50-350, 18VAC135-50-400, 18VAC135-50-440).
Statutory Authority: §§ 36-96.8 and 54.1-2105 of the Code of
Virginia; 42 USC § 3613.
Effective Date: March 1, 2014.
Agency Contact: Christine Martine, Executive Director, Real
Estate Board, 9960 Mayland Drive, Suite 400, Richmond, VA
23233, telephone (804) 367-8552, FAX (804) 527-4299, or
email [email protected].
Summary:
The amendments clarify and update the regulations for
consistency with federal and state laws. Amendments
include (i) changing the definition of "handicap" to be
synonymous with the term "disability," (ii) clarifying the
procedure for determining the date of filing for a fair
housing complaint, and (iii) clarifying that the fair housing
administrator's duties include developing facts sufficient to
support a recommendation regarding a complaint rather
than a determination.
Summary of Public Comments and Agency's Response: No
public comments were received by the promulgating agency.
Part I
General Provisions
18VAC135-50-10. Definitions.
The definitions provided in the Virginia Fair Housing Law,
as they may be supplemented herein, shall apply throughout
this chapter.
The following words and terms used in this chapter have the
following meanings, unless the context clearly indicates
otherwise:
"Authorized representative" means (i) an attorney licensed
to practice law in the Commonwealth, or (ii) a law student
appearing in accordance with the third-year student practice
rule, or (iii) a non-lawyer under the supervision of an attorney
and acting pursuant to Part 6, § 1, Rule 1 (UPR 1-101(A)(1))
of the Rules of the Supreme Court of Virginia, or (iv) a
person who, without compensation, advises a complainant,
respondent, or aggrieved person in connection with a
complaint, a conciliation conference or proceeding before the
board. When a complainant, respondent, or aggrieved person
authorizes a person to represent him under subdivision (iv) of
this definition, such authority shall be made to the board,
either in writing or orally in an appearance before the board,
and shall be accepted by the representative by sending a
written acknowledgement to the board or by the
representative's appearance before the board.
"Board" means the Real Estate Board or the Fair Housing
Board, or both.
"Broker" or "agent" means any person authorized to perform
an action on behalf of another person regarding any matter
related to the sale or rental of dwellings, including offers,
solicitations or contracts and the administration of matters
regarding such offers, solicitations or contracts or any
residential real estate-related transactions.
"Department" means the Virginia Department of
Professional and Occupational Regulation.
"Fair housing administrator" means the individual employed
and designated as such by the Director of the Department of
Professional and Occupational Regulation.
"Fair housing law" means the Virginia Fair Housing Law,
Chapter 5.1 (§ 36-96.1 et seq.) of Title 36 of the Code of
Virginia, effective July 1, 1991.
"Person in the business of selling or renting dwellings"
means any person who (i) within the preceding 12 months,
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has participated as principal in three or more transactions
involving the sale or rental of any dwelling or any interest
therein; (ii) within the preceding 12 months, has participated
as agent, other than in the sale of his own personal residence,
in providing sales or rental facilities or sales or rental services
in two or more transactions involving the sale or rental of any
dwelling or any interest therein; or (iii) is the owner of any
dwelling designed or intended for occupancy by or occupied
by, five or more families.
"Receipt of notice" means the day that personal service is
completed by handing or delivering a copy of the document
to an appropriate person or the date that a document is
delivered by certified mail, or three days after the date of the
proof of mailing of first class mail.
18VAC135-50-20. Purpose.
This chapter governs the exercise of the administrative and
enforcement powers granted to and the performance of duties
imposed upon the Real Estate Board and the Fair Housing
Board by the Virginia Fair Housing Law. In accordance with
§ 54.1-2344 of the Code of Virginia, the Real Estate Board is
responsible for the administration and enforcement of the Fair
Housing Law with respect to real estate licensees or their
agents or employees who have allegedly violated or violated
the Fair Housing Law. The Fair Housing Board is responsible
for the administration and enforcement of the Fair Housing
Law with respect to all others who have allegedly violated or
violated the Fair Housing Law.
This chapter provides the board's interpretation of the
coverage of the fair housing law regarding discrimination
related to the sale or rental of dwellings, the provision of
services in connection therewith, and the availability of
residential real estate-related transactions, or any other
discriminatory conduct prohibited by the Virginia Fair
Housing Law.
18VAC135-50-50. Scope.
It is the policy of Virginia to provide, within constitutional
limitations, for fair housing throughout the Commonwealth
and to impose obligations, rights and remedies substantially
equivalent to those granted under federal law. No person shall
be subject to discriminatory housing practices because of
race, color, religion, sex, handicap, elderliness, familial
status, or national origin in the sale, rental, advertising of
dwellings, inspection of dwellings or entry into a
neighborhood, in the provision of brokerage services,
financing or, the availability of residential real estate-related
transactions, or any other discriminatory conduct prohibited
by the Virginia Fair Housing Law because of race, color,
religion, sex, handicap, elderliness, familial status, or national
origin.
18VAC135-50-110. Discriminatory advertisements,
statements and notices.
A. It shall be unlawful to make, print or publish, or cause to
be made, printed or published, any notice, statement, or
advertisement with respect to the sale or rental of a dwelling
which indicates any preference, limitation or discrimination
because of race, color, religion, sex, handicap, familial status,
elderliness, or national origin, or an intention to make any
such preference, limitation, or discrimination.
B. The prohibitions in this section shall apply to all written
or oral notices or statements by a person engaged in the sale
or rental of a dwelling. Written notices and statements include
any applications, flyers, brochures, deeds, signs, banners,
posters, billboards, or any documents used with respect to the
sale or rental of a dwelling.
C. Discriminatory notices, statements, and advertisements
include, but are not limited to:
1. Using words, phrases, photographs, illustrations,
symbols, or forms which convey that dwellings are
available or not available to a particular group of persons
because of race, color, religion, sex, handicap, familial
status, elderliness or national origin.
2. Expressing to agents, brokers, employees, prospective
sellers, or renters or any other persons a preference for or
limitation on any purchaser or renter because of race,
color, religion, sex, handicap, familial status, elderliness,
or national origin of such person.
3. Selecting media or locations for advertising the sale or
rental of dwelling which deny particular segments of the
housing market information about housing opportunities
because of race, color, religion, sex, handicap, familial
status, elderliness, or national origin.
4. Refusing to publish advertising for the sale or rental of
dwellings or requiring different charges or terms for such
advertising because of race, color, religion, sex, handicap,
familial status, elderliness, or national origin.
D. Publishers' notice. All publishers shall publish at the
beginning of the real estate advertising section a notice such
as that appearing in Table III, Appendix I to 24 CFR Part 109,
Ch. 1 (4-1-00 edition) in this subsection below. The notice
shall include a statement regarding the coverage of any local
fair housing or human rights ordinance Virginia and federal
fair housing laws prohibiting discrimination in the sale, rental
or financing of dwellings:
All real estate advertised herein is subject to the Virginia
and federal fair housing laws, which make it illegal to
advertise "any preference, limitation, or discrimination
because of race, color, religion, sex, handicap, familial
status, national origin, or elderliness, or intention to make
any such preference, limitation, or discrimination."
We will not knowingly accept any advertising for real
estate which is in violation of the law. All persons are
hereby informed that all dwellings advertised are available
on an equal opportunity basis. (Table III, Appendix I to 24
CFR Part 109, Ch. 1 (4/1/2000 edition).
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E. Fair housing poster requirements.
1. Persons subject to § 36-96.3 of the Virginia Fair
Housing Law shall post and maintain a HUD approved fair
housing poster as follows:
a. With respect to a single-family dwelling (not being
offered for sale or rental in conjunction with the sale or
rental of other dwellings) offered for sale or rental
through a real estate broker, agent, salesman, or person in
the business of selling or renting dwellings, such person
shall post and maintain a fair housing poster at any place
of business where the dwelling is offered for sale or
rental.
b. With respect to all other dwellings covered by the
Virginia Fair Housing Law: (i) a fair housing poster shall
be posted and maintained at any place of business where
the dwelling is offered for sale or rental, and (ii) a fair
housing poster shall be posted and maintained at the
dwelling, except that with respect to a single-family
dwelling being offered for sale or rental in conjunction
with the sale or rental of other dwellings, the fair housing
poster may be posted and maintained at the model
dwellings or at a conspicuous location instead of at each
of the individual dwellings.
c. With respect to those dwellings to which subdivision 1
b of this subsection applies, the fair housing poster must
be posted at the beginning of construction and
maintained throughout the period of construction and
sale or rental.
2. The poster requirement does not apply to vacant land, or
any single-family dwelling, unless such dwelling (i) is
being offered for sale or rental in conjunction with the sale
or rental of other dwellings in which circumstances a fair
housing poster shall be posted and maintained as specified
in subdivision 1 b (ii) of this subsection, or (ii) is being
offered for sale or rental through a real estate broker, agent,
salesman, or person in the business of selling or renting
dwellings in which circumstances a fair housing poster
shall be posted and maintained as specified in subdivision
1 a of this subsection.
3. All persons subject to § 36-96.4 of the Virginia Fair
Housing Law, Discrimination in Residential Real Estate-
Related Transactions, shall post and maintain a fair
housing poster at all their places of business which
participate in the covered activities.
4. All persons subject to 18VAC135-50-140,
Discrimination in the Provision of Brokerage Services,
shall post and maintain a fair housing poster at all their
places of business.
5. Location of posters. All fair housing posters shall be
prominently displayed so as to be readily apparent to all
persons seeking housing accommodations or seeking to
engage in residential real estate-related transactions or
brokerage services.
6. Availability of posters. All persons subject to this part
may obtain fair housing posters from the Virginia
Department of Professional and Occupational Regulation.
A facsimile may be used if the poster and the lettering are
equivalent in size and legibility to the poster available from
the Department of Professional and Occupational
Regulation. Any person who claims to have been injured
by a discriminatory housing practice may file a complaint
with the administrator pursuant to Part III [ (18VAC135-
50-300 et seq.) ] of this chapter.
18VAC135-50-200. General prohibitions against
discrimination because of handicap.
A. Definitions. As used in this section unless a different
meaning is plainly required by the context:
"Accessible," when used with respect to the public and
common use areas of a building containing covered multi-
family dwellings, means that the public or common use areas
of the building can be approached, entered, and used by
individuals with physical handicaps disabilities. The phrase
"readily accessible to and usable by" is synonymous with
"accessible." A public or common use area that complies with
the appropriate requirements of ANSI A117.1-1986 or with
any other standards adopted as part of regulations
promulgated by HUD at 24 CFR Part 100 providing
accessibility and usability for physically handicapped people
is accessible within the meaning of this section.
"Accessible route" means a continuous unobstructed path
connecting accessible elements and spaces in a building or
within a site that can be negotiated by a person with a severe
disability using a wheelchair and that is also safe for and
usable by people with other disabilities. Interior accessible
routes may include corridors, floors, ramps, elevators and
lifts. Exterior accessible routes may include parking access
aisles, curb ramps, walks, ramps and lifts. A route that
complies with the appropriate requirements of ANSI A117.1-
1986, or with any other standards adopted as part of
regulations promulgated by HUD at 24 CFR Part 100, is an
"accessible route."
"ANSI A117.1" means ANSI A117.1-1986, the American
National Standard for buildings and facilities providing
accessibility and usability for physically handicapped people,
or an equivalent or stricter standard. This incorporation by
reference was approved by the Director of the Federal
Register in accordance with 5 U.S.C. USC § 552(a) and 1
CFR Part 51. Copies may be obtained from American
National Standards Institute, Inc., 1430 Broadway, New
York, New York 10018 Global Engineering Documents, 15
Inverness Way East, Englewood, Colorado 90112.
"Building" means a structure, facility or portion thereof that
contains or serves one or more dwelling units.
"Building entrance on an accessible route" means an
accessible entrance to a building that is connected by an
accessible route to public transportation stops, to accessible
parking and passenger loading zones, or to public streets or
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sidewalks, if available. A building entrance that complies
with ANSI A117.1 or a comparable standard complies with
the requirements of this paragraph.
"Common use areas" shall include, but not be limited to,
rooms, spaces, or elements inside or outside of a building
which are not part of the dwelling unit and which are made
available for the use of residents of a building or the guests
thereof. These areas include hallways, lounges, lobbies,
laundry rooms, refuse rooms, mailrooms, recreational areas
and passageways among and between buildings.
"Controlled substance" means any drug or other substance
as defined in Virginia or federal law.
"Disability" or "disabled" means, and is synonymous with,
the term "handicap" as defined in the Virginia Fair Housing
Law.
"Dwelling unit" means a single unit of residence for a family
or one or more persons. Examples of dwelling units include: a
single family home; an apartment unit within an apartment
building; and in other types of dwellings in which sleeping
accommodations are provided but toileting or cooking
facilities are shared by occupants of more than one room or
portion of the dwelling, rooms in which people sleep.
Examples of the latter include dormitory rooms and sleeping
accommodations in shelters intended for occupancy as a
residence for homeless persons.
"Entrance" means any access point to a building or portion
of a building used by residents for the purpose of entering.
"Exterior" means all areas of the premises outside of an
individual dwelling unit.
"First occupancy" means a building that has never before
been used for any purpose.
"Ground floor" means a floor of a building with a building
entrance on an accessible route. A building may have more
than one ground floor.
The following terms, as used in the definition of "handicap"
contained in § 36-96.1:1 of the Code of Virginia, shall mean:
"Has a record of such an impairment" means has a history
of, or has been misclassified as having, a mental or physical
impairment that substantially limits one or more major life
activities.
"Is regarded as having an impairment" means:
1. Has a physical or mental impairment that does not
substantially limit one or more major life activities but that
is treated by another person as constituting such a
limitation;
2. Has a physical or mental impairment that substantially
limits one or more major life activities only as a result of
the attitudes of other toward such impairment; or
3. Has none of the impairments defined in "physical or
mental impairment" but is treated by another person as
having such an impairment.
"Interior" means the spaces, parts, components or elements
of an individual dwelling unit.
"Major life activities" means functions such as caring for
one's self, performing manual tasks, walking, seeing, hearing,
speaking, breathing, learning and working.
"Modification" means any change to the public or common
use areas of a building or any change to a dwelling unit.
"Physical or mental impairment" includes:
1. Any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss affecting one or more of
the following body systems: neurological; musculoskeletal;
special sense organs; respiratory, including speech organs;
cardiovascular; reproductive; digestive; genito-urinary;
hemic and lymphatic; skin; and endocrine; or
2. Any mental or psychological disorder, such as mental
retardation, organic brain syndrome, emotional or mental
illness, and specific learning disabilities. The term
"physical or mental impairment" includes, but is not
limited to, such diseases and conditions as orthopedic,
visual, speech and hearing impairments, cerebral palsy,
autism, epilepsy, muscular dystrophy, multiple sclerosis,
cancer, heart disease, diabetes, Human Immunodeficiency
Virus infection, mental retardation, emotional illness, drug
addiction (other than addiction caused by current, illegal
use of a controlled substance) and alcoholism.
"Premises" means the interior or exterior spaces, parts,
components or elements of a building, including individual
dwelling units and the public and common use areas of a
building.
"Public use areas" means interior or exterior rooms or spaces
of a building that are made available to the general public.
Public use may be provided at a building that is privately or
publicly owned.
"Site" means a parcel of land bounded by a property line or
a designated portion of a public right of way.
B. General prohibitions against discrimination because of
handicap. It shall be unlawful to make an inquiry to determine
whether an applicant for a dwelling, a person intending to
reside in that dwelling after it is so sold, rented or made
available, or any person associated with that person, has a
handicap or to make inquiry as to the nature or severity of a
handicap of such a person. However, this subdivision does
not prohibit the following inquiries, provided these inquiries
are made of all applicants, whether or not they have
handicaps:
1. Inquiry into an applicant's ability to meet the
requirements of ownership or tenancy;
2. Inquiry to determine whether an applicant is qualified
for a dwelling available only to persons with handicaps or
to persons with a particular type of handicap;
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3. Inquiry to determine whether an applicant for a dwelling
is qualified for a priority available to persons with
handicaps or to persons with a particular type of handicap;
4. Inquiring whether an applicant for a dwelling is a
current illegal abuser or addict of a controlled substance;
5. Inquiring whether an applicant has been convicted of the
illegal manufacture or distribution of a controlled
substance.
C. Reasonable modifications of existing premises.
1. It shall be unlawful for any person to refuse to permit, at
the expense of a handicapped person, reasonable
modifications of existing premises, occupied or to be
occupied by a handicapped person, if the proposed
modifications may be necessary to afford the handicapped
person full enjoyment of the premises of a dwelling. In the
case of a rental, the landlord may, where it is reasonable to
do so, condition permission for a modification on the renter
agreeing to restore the interior of the premises to the
condition that existed before the modification, reasonable
wear and tear excepted. The landlord may not increase for
handicapped persons any customarily required security
deposit. However, where it is necessary in order to ensure
with reasonable certainty that funds will be available to
pay for the restorations at the end of the tenancy, the
landlord may negotiate as part of such a restoration
agreement a provision requiring that the tenant pay into an
interest bearing escrow account, over a reasonable period,
a reasonable amount of money not to exceed the cost of the
restorations. The interest in any such account shall accrue
to the benefit of the tenant.
2. A landlord may condition permission for a modification
on the renter providing a reasonable description of the
proposed modifications as well as reasonable assurances
that the work will be done in a workmanlike manner and
that any required building permits will be obtained.
3. Except as otherwise provided, the Joint Statement of the
Department of Housing and Urban Development and the
Department of Justice "Reasonable Modifications under
the Fair Housing Act" dated March 5, 2008, is hereby
incorporated by reference to provide guidance regarding
the rights and obligations of persons with disabilities and
housing providers relating to reasonable modifications. A
copy of the joint statement may be obtained from the
Virginia Fair Housing Office.
D. Reasonable accommodations.
1. It shall be unlawful for any person to refuse to make
reasonable accommodations in rules, policies, practices, or
services, when such accommodations may be necessary to
afford a handicapped person equal opportunity to use and
enjoy a dwelling unit, including public and common use
areas.
2. Except as otherwise provided, the Joint Statement of the
Department of Housing and Urban Development and the
Department of Justice "Reasonable Accommodations
under the Fair Housing Act" dated May 17, 2004, is hereby
incorporated by reference to provide guidance regarding
the rights and obligations of persons with disabilities and
housing providers relating to reasonable accommodations.
A copy of this joint statement may also be obtained from
the Virginia Fair Housing Office.
E. Design and construction requirements. Covered multi-
family dwellings for first occupancy after March 13, 1991,
shall be designed and constructed to have at least one
building entrance on an accessible route unless it is
impractical to do so because of the terrain or unusual
characteristics of the site. The burden of establishing
impracticality because of terrain or unusual site
characteristics is on the person or persons who designed or
constructed the housing facility.
18VAC135-50-270. Use of words, phrases, symbols and
visual aids.
The following words, phrases, symbols, and forms typify
those most often used in residential real estate advertising to
convey either overt or tacit discriminatory preferences or
limitations. In considering a complaint under the fair housing
law, the board will consider the use of these and comparable
words, phrases, symbols, and forms to determine a possible
violation of the law and to establish a need for further
proceedings on the complaint, if it is apparent from the
context of the usage that discrimination within the meaning of
the law is likely to result.
1. Words descriptive of dwelling, landlord and tenants.
White private home, Colored home, Jewish home,
Hispanic residence, adult building.
2. Words indicative of race, color, religion, sex, handicap,
familial status, elderliness or national origin, including but
not limited to:
a. Race: African-American, Negro, Black, White,
Caucasian, Oriental, Asian, American Indian, Native
American, Arab.
b. Color: White, Black, Colored.
c. Religion: Protestant, Christian, Catholic, Jewish,
Muslim, Islamic.
d. National origin: Mexican American, Puerto Rican,
Philippine, Polish, Hungarian, Irish, Italian, Chicano,
African, Hispanic, Chinese, Indian, Latino.
e. Sex: The exclusive use of words in advertisements,
including those involving the rental of separate units in a
single or multi-family dwelling, stating or intending to
imply that the housing being advertised is available to
persons of only one sex and not the other, except where
the sharing of living areas is involved. Nothing in this
section restricts advertisements of dwellings used
exclusively for dormitory facilities by educational
institutions.
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f. Handicap: crippled, blind, deaf, mentally ill, retarded,
impaired, handicapped, physically fit. Nothing in this
section restricts the inclusion of information about the
availability of accessible housing in advertising of
dwellings.
g. Familial status: adults, children, singles, mature
persons. Nothing in this section restricts advertisements
of dwellings which are intended and operated for
occupancy by older persons and which constitute
"housing for older persons" as defined in 18VAC135-50-
210.
h. Elderliness: elderly, senior citizens, young, old, active,
available to those between 25 and 55.
3. Catch words. Words and phrases used in a
discriminatory context should be avoided, e.g., "restricted,"
"exclusive," "private," "integrated," "traditional," "board
approval," "membership approval."
4. Symbols or logotypes. Symbols or logotypes which
imply or suggest race, color, religion, sex, handicap,
familial status, elderliness or national origin.
5. Colloquialisms. Words or phrases used regionally or
locally which imply or suggest race, color, religion, sex,
handicap, familial status, elderliness or national origin.
6. Directions to real estate for sale or rent (use of maps or
written instructions). Directions can imply a discriminatory
preference, limitation, or exclusion. For example,
references to real estate location made in terms of racial or
national origin significant landmarks, such as an existing
black development (signal to blacks) or an existing
development known for its exclusion of minorities (signal
to whites). Specific directions which make reference to a
racial or national origin significant area may indicate a
preference.
7. Area (location) description. Names of facilities which
cater to a particular racial, national origin or religious
group, such as country club or private school designations,
or names of facilities which are used exclusively by one
sex may indicate a preference.
18VAC135-50-290. Fair housing policy and practices.
In the investigation of complaints, the board will consider
the implementation of fair housing policies and practices
provided in this section as evidence of compliance with the
prohibitions against discrimination in advertising under the
fair housing law.
1. Use of equal housing opportunity logotype, statement, or
slogan. All advertising of residential real estate for sale,
rent, or financing should contain an equal housing
opportunity logotype, statement, or slogan as a means of
educating the homeseeking public that the property is
available to all persons regardless of race, color, religion,
sex, handicap, familial status, elderliness, or national
origin. The choice of logotype, statement, or slogan will
depend on the type of media used (visual or auditory) and,
in space advertising, on the size of the advertisement. See
Appendix I to 24 CFR Part 109, Ch. 1 (4/1/00 edition) for
suggested use of the logotype, statement, or slogan and
size of logotype and copies of the suggested equal housing
opportunity logotype, statement and slogan. A copy of
Appendix I to 24 CFR Part 109, Ch. 1 (4/1/2000 edition) is
posted on the Fair Housing Office's website or may be
obtained by contacting the Fair Housing Office.
2. Use of human models. Human models in photographs,
drawings, or other graphic techniques may not be used to
indicate exclusiveness because of race, color, religion, sex,
handicap, familial status, elderliness, or national origin. If
models are used in display advertising campaigns, the
models should be clearly definable as reasonably
representing majority and minority groups in the
metropolitan area, both sexes and, when appropriate,
families with children. Models, if used, should portray
persons in an equal social setting and indicate to the
general public that the housing is open to all without regard
to race, color, religion, sex, handicap, familial status,
elderliness, or national origin, and is not for the exclusive
use of one such group. Human models include any
depiction of a human being, paid or unpaid, resident or
nonresident.
18VAC135-50-350. Date of filing of a complaint.
A. Except as provided in subsection B of this section, a
complaint is filed when it is received by the board or dual
filed with the federal government in a form that reasonably
meets the standards of 18VAC135-50-340.
B. The administrator may determine that a complaint is filed
for the purposes of the one-year period for filing of
complaints upon submission of written information (including
information provided by telephone and reduced to writing by
an employee of the board) identifying the parties and
describing generally the alleged discriminatory housing
practice. Written information includes information provided
by telephone and reduced to writing by Fair Housing Office
staff. A filed complaint can be signed at any time during the
investigation.
C. Where a complaint alleges a discriminatory housing
practice that is continuing, as manifested in a number of
incidents of such conduct, the complaint will be timely if
filed within one year of the last alleged occurrence of that
practice.
Article 3
Investigations
18VAC135-50-400. Investigations.
A. Upon the filing of a complaint, the administrator shall
investigate the allegations. The purposes of an investigation
are:
1. To obtain information concerning the events or
transactions that relate to the alleged discriminatory
housing practice identified in the complaint.
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2. To document policies or practices of the respondent
involved in the alleged discriminatory housing practice
raised in the complaint.
3. To develop factual data necessary for the administrator
on behalf of the board to make a determination
recommendation whether reasonable cause exists to
believe that a discriminatory housing practice has occurred
or is about to occur, and to take other actions provided
under this part.
B. Based on the authority delegated to the fair housing
administrator by the board, the administrator may investigate
housing practices to determine whether a complaint should be
filed. Such an initiation may include using testers and other
established practices or procedures.
18VAC135-50-440. Completion of investigation.
The investigation will remain open until a determination
regarding reasonable cause is made, the board determines that
the matter involves the legality of local zoning or land use
laws or ordinances, or a conciliation agreement is executed
and approved.
DOCUMENTS INCORPORATED BY REFERENCE
(18VAC135-50)
ANSI A117.1-1986, American National Standard for
Buildings and Facilities-providing accessibility and usability
for physically handicapped people, American National
Standards Institute, Inc., A117.1-1986.
Reasonable Modifications under the Fair Housing Act, Joint
Statement of the Department of Housing and Urban
Development and the Department of Justice, March 5, 2008,
Office of Fair Housing and Equal Opportunity, United States
Department of Housing and Urban Development and the Civil
Rights Division, United States Department of Justice,
Washington, D.C.
Reasonable Accommodations under the Fair Housing Act, Joint
Statement of the Department Of Housing and Urban
Development and the Department of Justice, May 17, 2004,
Office of Fair Housing and Equal Opportunity, United States
Department of Housing and Urban Development and the Civil
Rights Division, United States Department of Justice,
Washington, D.C.
VA.R. Doc. No. R11-2269; Filed December 26, 2013, 11:14 a.m.
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TITLE 22. SOCIAL SERVICES
BOARD FOR PROTECTION AND ADVOCACY
Final Regulation
REGISTRAR'S NOTICE: Pursuant to enactment 5 of Chapter
847 of the 2012 Acts of Assembly, the Registrar of
Regulations is taking the following action to effect the repeal
of the Board for Protection and Advocacy regulations in the
Virginia Administrative Code.
Title of Regulation: 22VAC27-10. Public Participation
Guidelines (repealing 22VAC27-10-10 through 22VAC27-
10-110).
Statutory Authority: § 51.5-39.5 of the Code of Virginia
(repealed effective January 1, 2014).
Effective Date: January 1, 2014.
Summary:
Chapter 847 of the 2012 Acts of Assembly and Chapter
571 of the 2013 Acts of Assembly converted the Virginia
Office for Protection and Advocacy to a nonprofit entity,
the Disability Law Center of Virginia. Chapter 847
abolished the Board for Protection and Advocacy and
repealed its regulations in effect before January 1, 2014.
As provided in enactment 5 of Chapter 847, the Registrar
of Regulations is taking action to effect the repeal of the
regulations in the Virginia Administrative Code.
VA.R. Doc. No. R14-3955; Filed December 30, 2013, 12:05 p.m.
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TITLE 24. TRANSPORTATION AND MOTOR VEHICLES
VIRGINIA AVIATION BOARD
Forms
Title of Regulation: 24VAC5-20. Regulations Governing
the Licensing and Operation of Airports and Aircraft and
Obstructions to Airspace in the Commonwealth of
Virginia.
Agency Contact: Susan Simmers, Senior Aviation Planner,
Virginia Department of Aviation, 5702 Gulfstream Road,
Richmond, VA 23250, telephone (804) 236-3632, or email
NOTICE: Forms used in administering the following
regulation have been filed by the Virginia Aviation Board.
The forms are not being published; however, online users of
this issue of the Virginia Register of Regulations may click
on the name of the new or amended form to access it. The
forms are also available from the agency contact or may be
viewed at the Office of the Registrar of Regulations, General
Assembly Building, 2nd Floor, Richmond, Virginia 23219.
FORMS (24VAC5-20)
Application for Public-Use Airport License or License
Modification (12/2010)
Application for Public-Use Airport License or License
Modification (rev. 12/13)
Application for Public-Use Airport License Renewal
(12/2010)
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Application for Private-Use Airport Registration or License
(12/2010)
Notice of Proposed Construction or Alteration, FAA Form
7460-1 (2/2012)
Airport License Reclassification Application, 200 DOAVS
(10/13)
Application for Waiver of Minimum Requirements to a
Public-Use Airport License (eff. 12/13)
VA.R. Doc. No. R14-3952; Filed December 30, 2013, 2:02 p.m.
MOTOR VEHICLE DEALER BOARD
Proposed Regulation
Title of Regulation: 24VAC22-30. Motor Vehicle Dealer
Advertising Practices and Enforcement Regulations
(amending 24VAC22-30-20, 24VAC22-30-30, 24VAC22-
30-40; repealing 24VAC22-30-10, 24VAC22-30-50).
Statutory Authority: §§ 46.2-1506 and 46.2-1582 of the Code
of Virginia.
Public Hearing Information:
March 10, 2014 - 1:30 p.m. - Department of Motor
Vehicles, Headquarters Building, 2300 West Broad Street,
Room 702, Richmond, Virginia 23220
Public Comment Deadline: March 28, 2014.
Agency Contact: Bruce Gould, Executive Director, Motor
Vehicle Dealer Board, 2201 West Broad Street, Suite 104,
Richmond, VA 23220, telephone (804) 367-1100, FAX (804)
367-1053, or email [email protected].
Basis: Section 46.2-1582 of the Code of Virginia authorizes
the Motor Vehicle Dealer Board to promulgate regulations
reasonably necessary for enforcement of Article 9 (§ 46.2-
1580 et seq.) of Chapter 15 of Title 46.2 of the Code of
Virginia (Motor Vehicle Dealer Advertising). In addition to
any other sanctions or remedies available to the board under
this chapter, the board may assess a civil penalty not to
exceed $1,000 for any single violation of this article. Each
day that a violation continues constitutes a separate violation.
Purpose: These regulations have not had a comprehensive
review for nearly 15 years. The advertising laws have not
changed over this period of time; however; the "advertising
world" has changed much over this period of time.
The advertising laws and regulations are in place to protect
consumers and to "level the playing field" between licensed
motor vehicle dealers. Clear advertising that is not deceptive
to consumers is essential as the purchase of a motor vehicle is
one of the most important and expensive purchases that a
consumer makes. Dealers need parameters to guide them in
ensuring that advertisements are clear and not deceptive. The
proposed amended regulations further these goals by updating
the regulations.
Substance: Definitions have been updated and unnecessary
language has been deleted. Updates are proposed to better fit
today's advertising environment including the Internet. No
substantive changes are proposed.
Issues: The primary advantages to the amendments are that
the regulations will be more concise and better address
advertising done via the Internet. There are no disadvantages
for the public or the agency.
Small Business Impact Review Report of Findings: This
regulatory action serves as the report of the findings of the
regulatory review pursuant to § 2.2-4007.1 of the Code of
Virginia.
Department of Planning and Budget's Economic Impact
Analysis:
Summary of the Proposed Amendments to Regulation. The
Motor Vehicle Dealer Board (Board) proposes to: 1) no
longer require that motor vehicle dealers maintain copies of
their advertisements in newspapers and on the Internet for 60
days from the expiration of the ad, 2) make clarifying changes
in language, and 3) repeal language that is repetitious of the
Code of Virginia.
Result of Analysis. The benefits likely exceed the costs for all
proposed changes.
Estimated Economic Impact. Under the current regulations,
motor vehicle dealers must maintain and make available to
the Board, if requested, the original or a clear facsimile copy
of all advertisements in a manner that permits systematic
retrieval for a period of 60 days subsequent to the expiration
date of the advertisement. The Board proposes to maintain
this requirement for only radio and television advertisements.
According to the Board, in practice complaints about Internet
and newspaper advertising are always accompanied by copies
of the ads in question. Consequently, there is essentially no
benefit in requiring dealers to keep the original or copies of
these types of ads. Since there are time and storage costs
associated with maintaining originals or copies, the proposed
repeal of the requirement will create a net benefit.
Businesses and Entities Affected. The proposed amendments
potentially affect the approximately 3,500 new and used car
dealers in the Commonwealth. Nearly all are small
businesses.
Localities Particularly Affected. The proposed amendments
do not disproportionately affect particular localities.
Projected Impact on Employment. The proposal amendments
are unlikely to significantly affect employment.
Effects on the Use and Value of Private Property. The
proposal to no longer require that motor vehicle dealers keep
copies of Internet and newspaper advertising will modestly
reduce costs for such firms.
Small Businesses: Costs and Other Effects. The proposal to
no longer require that small motor vehicle dealers keep copies
of Internet and newspaper advertising will modestly reduce
costs for such firms.
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Small Businesses: Alternative Method that Minimizes
Adverse Impact. The proposed amendments will not
adversely affect small businesses.
Real Estate Development Costs. The proposed amendments
are unlikely to significantly affect real estate development
costs.
Legal Mandate. The Department of Planning and Budget
(DPB) has analyzed the economic impact of this proposed
regulation in accordance with § 2.2-4007.04 of the
Administrative Process Act and Executive Order Number 14
(10). Section 2.2-4007.04 requires that such economic impact
analyses include, but need not be limited to, a determination
of the public benefit, the projected number of businesses or
other entities to whom the regulation would apply, the
identity of any localities and types of businesses or other
entities particularly affected, the projected number of persons
and employment positions to be affected, the projected costs
to affected businesses or entities to implement or comply with
the regulation, and the impact on the use and value of private
property. Further, if the proposed regulation has an adverse
effect on small businesses, § 2.2-4007.04 requires that such
economic impact analyses include (i) an identification and
estimate of the number of small businesses subject to the
regulation; (ii) the projected reporting, recordkeeping, and
other administrative costs required for small businesses to
comply with the regulation, including the type of professional
skills necessary for preparing required reports and other
documents; (iii) a statement of the probable effect of the
regulation on affected small businesses; and (iv) a description
of any less intrusive or less costly alternative methods of
achieving the purpose of the regulation. The analysis
presented above represents DPB's best estimate of these
economic impacts.
Agency's Response to Economic Impact Analysis: The Motor
Vehicle Dealer Board concurs with Virginia Department of
Planning and Budget's economic impact analysis review,
dated August 26, 2013.
Summary:
The proposed amendments (i) eliminate the requirement
that motor vehicle dealers maintain copies of their
advertisements in newspapers and on the Internet for 60
days from the expiration of the advertisement, (ii) make
clarifying changes in language, and (iii) repeal language
that is repetitious of the Code of Virginia.
Part I
General Provisions
24VAC22-30-10. Intent. (Repealed.)
In the 1989 Acts of the Virginia General Assembly it was
found that it is in the interest of the consuming public and
legitimate motor vehicle dealers to ensure that the advertising
of motor vehicles is honest, fair, and clear and that deceptive
or misleading advertising of the retail sales of motor vehicles
as described in Motor Vehicle Dealer Advertising, Article 9
(§ 46.2-1580 et seq.) of Chapter 15 of Title 46.2 of the Code
of Virginia should be prohibited. In the 1995 Acts of the
Virginia General Assembly it was found that it is in the
interest of the consuming public and legitimate motor vehicle
dealers for dealers to be regulated by a board of their peers,
resulting in the formation of the Virginia Motor Vehicle
Dealer Board. Therefore, the following regulations are
promulgated by the board to administer the administrative
and civil penalties necessary for enforcement of prohibited
advertising practices.
Part I
General Provisions
24VAC22-30-20. Definitions.
The following words and terms, when used in this chapter,
shall have the following meanings unless the context clearly
indicates otherwise:
"Act" means Chapter 15 (§ 46.2-1500 et seq.) of Title 46.2
of the Code of Virginia.
"Administrative penalties" means the denial, suspension or
revocation of a license as allowed in § 46.2-1576 of the Act
and based on one or more of the grounds specified in § 46.2-
1575 of the Act.
"Advertisement" means an oral, written, graphic or pictorial
statement made in the course of soliciting business, including,
without limitation, a statement or representation made in a
newspaper, magazine, or other publication, or contained in a
notice, sign, poster, display, circular, pamphlet, or letter, or
on radio, the Internet, or via an on-line online computer
service, or on television. The term does not include an in-
person oral communication by a dealer's employee with a
prospective customer.
"Advertiser" means same as licensee.
"Board" means the Motor Vehicle Dealer Board of this
Commonwealth.
"Civil penalty" means the monetary assessment imposed by
the board or the executive director against a licensee not to
exceed $1,000 for any single violation of § 46.2-1581 of the
Code of Virginia.
"Disclaimer" means those words or phrases used to provide
a clear understanding or limitation to an advertised statement
but not used to contradict or change the meaning of the
statement.
"Disclosure" means a statement in clear terms of the dollar
amounts, time frames, down payments and other terms which
may be needed to provide a full understanding of credit terms,
periodic payment, interest rates, time payment plans, etc.
"Executive director" means the Executive Director of the
Motor Vehicle Dealer Board of this Commonwealth.
"Internet" means the international network of computer
systems commonly known as the "Internet".
"License" means the document issued to a Virginia motor
vehicle dealer and which permits such dealer to engage in the
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business of buying and selling new and used motor vehicles
or used motor vehicles only.
"Licensee" means any person, partnership, association,
corporation or entity which is required to be licensed as a
motor vehicle dealer in this Commonwealth.
"Line-make marketing group" means an association of
motor vehicle dealers franchised to sell and advertise the
same line-make of new motor vehicles.
"Manufacturer's factory invoice" or "distributor's invoice"
means that document supplied by the manufacturer or the
distributor listing the manufacturer's or distributor's charge to
the dealer before any deduction for items such as holdback,
group advertising, factory incentives or rebates, or any
governmental charges.
"New motor vehicle" means a vehicle which meets all of the
following criteria. The new motor vehicle has: the same as
defined in § 46.2-1500 of the Code of Virginia.
1. Had limited use necessary in moving or road testing the
vehicle prior to delivery to a customer;
2. Been transferred by a manufacturer's or distributor's
certificate of origin which is the document provided by the
manufacturer of a new motor vehicle, or its distributor to
its franchised motor vehicle dealer;
3. The manufacturer's or distributor's certification that it
conforms to all applicable federal motor vehicle safety and
emission standards;
4. Not been previously sold by a dealer except for the
purpose of resale and when the exchange is between
franchised dealers of the same line-make;
5. Not been used as a rental, driver education, or
demonstration motor vehicle; and
6. Not been used for the personal and business
transportation of the manufacturer, distributor or dealer or
any of their employees.
"On-line "Online service" means any information service,
system, or access software provider that enables computer
access by multiple users to a computer server, including
specifically a service or system that provides accesses to the
Internet.
"Repossessed vehicle" means a vehicle which meets all of
the following criteria. It has:
1. Been sold, titled, registered, and taken back from a
purchaser for nonpayment; and
2. Not yet been resold to an ultimate user.
"Sale" means there is a significant reduction from the
advertiser's usual and customary price of a motor vehicle and
the offer is for a limited period of time.
"Used motor vehicle" means any vehicle other than a new
motor vehicle as defined in this chapter the same as defined in
§ 46.2-1500 of the Code of Virginia.
Part II
Regulated Advertising Practices
24VAC22-30-30. Practices.
For purposes of this chapter, a violation of the following
regulated advertising practices shall be an unfair, deceptive,
or misleading act or practice.
A. New motor vehicle. A motor vehicle shall not be
advertised as new, either by word or implication, unless it is
one which conforms to the definition of a "new motor
vehicle" as defined in 24VAC22-30-20.
B. Used motor vehicle.
1. The fact that a motor vehicle is used should be clearly
and unequivocally expressed by the term "used" or by such
other term as is commonly understood to mean that the
vehicle is used. For example, "special purchase" or
"program cars" by itself is not a satisfactory disclosure;
however, such terms as "demonstrator" "pre-owned" or
"former leased and/or rental vehicles" used alone clearly
express that they meet the definition of a used vehicle for
advertising purposes. When in doubt, the dealer should
provide more information or simply say "used."
2. Once a certificate of origin as defined in § 46.2-1500 has
been assigned to a purchaser, the motor vehicle becomes a
used vehicle and must be advertised as such.
C. Finance charges or interest rates advertisements. 1.
Advertisements of finance charges or other interest rates
"below market" (or words to that effect) shall not be used
unless it is manufacturer or distributor sponsored or
substantiated by a written agreement with the finance source.
2. Advertisement of finance charges or other interest rates
shall not be used when there is a cost to buy-down said
charge or rate which is passed on, in whole or in part, to
the purchaser.
D. Terms, conditions, and disclaimers.
1. When terms, conditions or disclaimers are used, they
shall always be stated clearly and conspicuously. An
asterisk or other reference symbol may be used to point to
a disclaimer or other information; but, the disclaimer shall
not be used as a means of contradicting or changing the
meaning of an advertised statement. In addition, they must
meet the Federal Trade Commission Truth in Lending Act
Requirements 15 USC §§ 1601 et seq., 12 CFR Part 226
(Regulation Z) or the Federal Trade Commission Truth in
Leasing Act Requirements, as applicable.
2. In all printed media, where terms, conditions or
disclaimers are used, they shall be clearly and
conspicuously visible and printed in not less than 8-point
type print or printed in 6-point upper case type print. If a
processing fee or freight charges or destination charges, or
both, are not included in the advertised price, the amount
of any such processing fee and freight charge or
destination charge, or both, must be clearly and
conspicuously disclosed in not less than 8-point boldface
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type or not smaller than the largest typeface within the
advertisement. If the a processing fee is not included in the
advertised price, the amount of the processing fee must be
clearly and conspicuously disclosed in not less than 8-point
boldface type or not smaller than the largest typeface
within the advertisement; however the amount of the
processing fee may be omitted from any advertisement in
which the largest type size is less than 8-point typeface, so
long as the dealer participates in a media-provided listing
of processing fees and the dealer's advertisement includes
an asterisk or other such notation to refer the reader to the
listing of the fees. When billboards, portable signs, posters,
etc., are used, all terms, conditions or disclaimers need to
be displayed and phrased in a manner which is clear and
conspicuous.
3. In radio advertisements, where all terms, conditions, or
disclaimers are used, they shall, and required disclosures
must be clearly announced during the advertisement. They
must be explained clearly and at an understandable speed
and volume level.
4. In television advertisements, where all terms, conditions,
or disclaimers are used, they shall, and required disclosures
must be clearly and conspicuously displayed or announced,
or both, during the advertisement. They shall be at an
understandable speed or understandable volume level, or
both.
5. In Internet advertisements all terms, conditions,
disclaimers, and required disclosures must be clearly and
conspicuously displayed.
E. Sale or sales. The expiration date of an advertised "sale"
shall be clearly and conspicuously disclosed. If the sale
exceeds 30 days, the advertiser should be prepared to
substantiate that the offering is indeed a valid reduction and
has not become his regular price.
F. "List price," "sticker price," "suggested retail price."
These terms and similar terms shall be used only as follows:
1. In reference to the manufacturer's or distributor's
suggested retail price for new vehicles; or
2. The dealer's own usual and customary price for used
vehicles.
G. "Cost" and "invoice price" terms.
1. "At cost," "below cost," "$ off cost" shall not be used in
advertisements because of the difficulty in determining a
dealer's actual net cost at the time of sale.
2. "Invoice price," "$ over invoice," may be used, provided
that the invoice referred to is the manufacturer's factory
invoice, distributor's invoice, or a bona fide bill of sale, as
applicable, and that it is available for customer inspection.
3. "Manufacturer's factory invoice" or "distributor's
invoice" means that document supplied by the
manufacturer or the distributor listing the manufacturer's or
distributor's charge to the dealer before any deduction for
items such as holdback, group advertising, factory
incentives or rebates, or any governmental charges.
H. Price or credit terms of advertised vehicles. When the
price or credit terms of a vehicle are advertised in print, or on
radio or television, the vehicle should be fully identified as to
year, make, and model. In addition, in all advertisements
placed by individual dealers and not marketing groups, the
advertised price or credit terms shall include all charges
which the buyer must pay to the seller including "freight" or
"destination charges." If there are deferred payments on credit
sales where accrued finance charges are ultimately charged to
the consumer for any part of the deferred period, then these
charges must be clearly stated. State and local fees and taxes
and buyer-selected options need not be included in the
advertised price. If the buyer will be required to pay to the
seller charges which increase the advertised price, the charges
must be disclosed as set-out in subsection D of this section
and priced in the advertisement.
I. Matching or bettering competitor's price advertisements.
Advertisements which that set out a policy matching or
bettering a competitor's price shall not be used unless the
terms of the offer are specific, verifiable, and reasonable. All
terms of the offer shall be included in the disclosure and
disclaimer area and may not say such things as "rules or terms
available in showroom" or "available before delivery." Any
material or significant conditions which that must be met or
the evidence the consumer must present to take advantage of
the offer must be fully disclosed as a part of the
advertisement.
J. Advertisements of dealer rebates shall not be used. Offers
to match down payments or guarantee minimum trade-in
allowances or offers of cash or money back are forms of
dealer rebates.
K. "Free," "at no extra cost" terms. No equipment,
accessory, other merchandise or service shall be described
using any term that implies that such equipment, accessory,
other merchandise or service is free if a purchase is required
in order to receive the "free" offer. Examples of prohibited
terms include:
1. Free.
2. Complimentary.
3. At no extra cost.
4. At no extra charge.
5. At no extra fee.
6. At no extra price.
7. At no additional cost.
8. At no additional charge.
9. At no additional fee.
10. At no additional price.
11. Present.
12. Gift.
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Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014
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13. On the house.
14. Gratis.
15. Courtesy.
L. "Bait advertising" shall not be used.
1. The purpose of this section is to ensure that customers
will be informed the vehicle is in limited quantity or
availability. If a specific vehicle is advertised, the seller
shall be in possession of a reasonable supply of said
vehicles and they shall be available at the advertised price.
If the advertised vehicle is available only in limited
numbers or only by order, that shall be stated in the
advertisement. The listing of vehicles by stock numbers or
vehicle identification numbers is permissible and is one
means of satisfactorily disclosing a limitation of
availability, provided a separate number is used for each
vehicle. For new vehicles, if the offer is limited, you the
dealer will be able to say such things as "in stock" or "will
order" provided you the dealer can order the vehicle just as
advertised and delivery can be assured as soon as the
manufacturer or distributor can confirm the order and
deliver it to your the dealer's dealership. If you the dealer
cannot get an order confirmation within 30 days, you the
dealer must refund all moneys collected from the buyer at
his request. If the vehicle is available only by order then it
must be clearly and conspicuously disclosed in the
advertisement.
2. Advertising a vehicle at a certain price (including "as
low as" statements), but having available for sale only
vehicles equipped with dealer added cost "options" which
increase the selling price above the advertised price, may
also be considered "bait advertising."
3. If a lease payment is advertised, the fact that it is a lease
arrangement shall be disclosed.
M. The term "repossessed vehicle" shall not be used unless
the full criteria of the definition in 24VAC22-30-20 is met.
Advertisers offering such vehicles for sale shall provide proof
of repossession upon request.
N. "Finance" or "loan." Words such as "finance" or "loan"
shall not be used in a motor vehicle dealer advertiser's firm
name or trade name unless that person is actually engaged in
the financing of motor vehicles.
O. "Special arrangement or relationship" advertisements.
Statements such as "big volume buying power,"
"manufacturer's outlet," "factory authorized outlet," and
"factory wholesale outlet," shall not be used. Any term that
gives the consumer the impression the dealer has a special
arrangement with the manufacturer or distributor as compared
to similarly situated dealers, is misleading and shall not be
used.
P. Records retention. Advertisers Licensees shall maintain
for a period of 60 days from the expiration date of the
advertisement and make available to the board and the board
staff, if requested, the original or a clear facsimile copy
copies of all radio and television advertisements in a manner
that permits systematic retrieval for a period of 60 days
subsequent to the expiration date of the advertisement.
Part III
Enforcement
24VAC22-30-40. Administrative and civil penalties.
A. Violations of any regulated advertising practice may, in
the discretion of the board or executive director, be addressed
by a verbal or written warning to the licensee as an initial step
in the enforcement process.
B. Any single violation of a regulated advertising practice
may also, after an informal fact finding proceeding as
provided in the Administrative Process Act, § 9-6.14:1 et seq.
of the Code of Virginia, result in an assessment of a civil
penalty up to $1,000.
C. Subsequent, same or similar violations may, after an
informal fact finding proceeding as provided in the
Administrative Process Act, § 9-6.14:1 et seq. of the Code of
Virginia, result in an assessment of a civil penalty up to the
$1,000 and may also be grounds for denying, suspending or
revoking a license subject to the hearing requirements
pursuant to § 46.2-1576 of the Act, either or both.
24VAC22-30-50. Appeals. (Repealed.)
The action of the board in suspending, revoking or refusing
any license or in imposing a monetary civil penalty against
the licensee shall be subject to judicial review as provided in
§§ 46.2-1577 and 46.2-1578 of the Act.
VA.R. Doc. No. R13-3540; Filed December 23, 2013, 2:04 p.m.
GOVERNOR
Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014
1605
GOVERNOR
EXECUTIVE ORDER NUMBER 1 (2014)
Equal Opportunity
Importance of the Initiative
By virtue of the authority vested in me as Governor, I hereby
declare that it is the firm and unwavering policy of the
Commonwealth of Virginia to assure equal opportunity in all
facets of state government. The foundational tenet of this
Executive Order is premised upon a steadfast commitment to
foster a culture of inclusion, diversity, and mutual respect for
all Virginians.
This policy specifically prohibits discrimination on the basis
of race, sex, color, national origin, religion, sexual
orientation, gender identity, age, political affiliation, or
against otherwise qualified persons with disabilities. The
policy permits appropriate employment preferences for
veterans and specifically prohibits discrimination against
veterans.
State appointing authorities and other management principals
are hereby directed to take affirmative measures, as
determined by the Director of the Department of Human
Resource Management, to emphasize the recruitment of
qualified minorities, women, disabled persons, and older
Virginians to serve at all levels of state government. This
directive does not permit or require the lowering of bona fide
job requirements, performance standards, or qualifications to
give preference to any state employee or applicant for state
employment.
Allegations of violations of this policy shall be brought to the
attention of the Office of Equal Employment Services of the
Department of Human Resource Management. No state
appointing authority, other management principal, or
supervisor shall take retaliatory actions against persons
making such allegations.
Any state employee found in violation of this policy shall be
subject to appropriate disciplinary action.
The Secretary of Administration is directed to review and
update annually state procurement, employment, and other
relevant policies to ensure compliance with the non-
discrimination mandate contained herein, and shall report to
the Governor his or her findings together with such
recommendations as he or she deems appropriate. The
Director of the Department of Human Resource Management
shall assist in this review.
This Executive Order supersedes and rescinds Executive
Order No. 6 (2010), Equal Opportunity, issued by Governor
Robert F. McDonnell on February 5, 2010.
Effective Date of the Executive Order
This Executive Order shall become effective upon its signing
and shall remain in full force and effect until amended or
rescinded by further executive order.
Given under my hand and under the Seal of the
Commonwealth of Virginia this 11th day of January 2014.
/s/ Terence R. McAuliffe
Governor
EXECUTIVE ORDER NUMBER 2 (2014)
Personnel Directive Prohibiting the Receipt of Certain Gifts;
Establishment of Executive Branch Ethics Commission
Part I – Importance of the Initiative
Every citizen of the Commonwealth is entitled to have
complete confidence and the highest degree of trust in
Virginia's government. It is the intent of this Executive Order
(the "Order") to ensure that Virginians are governed and
represented with integrity. This Order is initiated to establish
an ethical framework for state Executive Branch officers and
employees with regard to gifts that will enhance the public's
trust in the actions of such officers and employees by
addressing the receipt of gifts that may result in, or create an
appearance of, impropriety.
Therefore, by virtue of the authority vested in me under
Article V of the Constitution of Virginia and under the laws
of the Commonwealth of Virginia, including but not limited
to, Chapters 1, 12, and 29 of Title 2.2 of the Code of Virginia,
and as the Governor and Chief Personnel Officer of the
Commonwealth, and subject to my continuing and ultimate
authority and responsibility to act in such matters, I hereby
establish (i) the following personnel policy, banning the
solicitation and receipt of certain gifts by officers and
employees of the state Executive Branch of the
Commonwealth and (ii) an Executive Branch Ethics
Commission to perform such duties and responsibilities as are
specified below. An officer's or employee's ethical duties and
responsibilities under this Executive Order are in addition to
those prescribed by law, primarily the State and Local
Government Conflict of Interests Act, § 2.2-3100 et seq., and
the Virginia Public Procurement Act, § 2.2-4300 et seq., of
the Code of Virginia.
Part II – Definitions
As used in this Executive Order, unless the context clearly
requires otherwise:
"Advisory agency" means any board, commission, committee
or post of the state Executive Branch that does not exercise
any sovereign power or duty, but is appointed by a
governmental agency or officer or is created by law for the
Governor
Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014
1606
purpose of making studies or recommendations, or advising
or consulting with a governmental agency.
"Anything of value" means:
1. A pecuniary item, including money, or a bank bill or
note;
2. A promissory note, bill of exchange, order, draft,
warrant, check, or bond given for the payment of money;
3. A contract, agreement, promise, or other obligation for
an advance, conveyance, forgiveness of indebtedness,
deposit, distribution, loan, payment, gift, pledge, or transfer
of money;
4. A stock, bond, note, or other investment interest in an
entity;
5. A receipt given for the payment of money or other
property;
6. A gratuity, favor, special privilege or exception;
7. The provision of services;
8. Lodging;
9. A meal, or other food or beverage, or both;
10. Entertainment, including a ticket to an event, or
hospitality;
11. The provision of travel or the payment or
reimbursement of travel expenses;
12. A right in action;
13. A tangible good, chattel, or an interest in a tangible
good, or chattel;
14. A loan or forgiveness of indebtedness;
15. A work of art, antique, or collectible;
16. An automobile or other means of personal
transportation;
17. Real property or an interest in real property, including
title to realty, a fee simple or partial interest, present or
future, contingent or vested within realty, a leasehold
interest, or other beneficial interest in realty;
18. An honorarium or compensation for services;
19. A rebate or discount in the price of anything of value
unless the rebate or discount is made in the ordinary course
of business to a member of the public without regard to that
person's status as an officer or employee, or the sale or
trade of something for reasonable compensation that would
ordinarily not be available to a member of the public;
20. A promise or offer of employment; or
21. Any other thing of value that is pecuniary or
compensatory in value to a person.
"Anything of value" does not mean a campaign contribution
properly received and reported pursuant to Chapter 9 (§ 24.2-
900 et seq.) and Chapter 9.3 (§ 24.2-945 et seq.) of Title 24.2.
"Dependent" means a son, daughter, father, mother, brother,
sister or other individual, whether or not related by blood or
marriage, if such individual receives from the officer or
employee, or provides to the officer or employee, more than
one-half of his or her financial support.
"Employee" means, unless otherwise limited by the context of
its use, all individuals who are not officers of a component
part of the state Executive Branch but are employed by a
component part of the state Executive Branch on an at will
basis or serve at the pleasure of the Governor, and all
individuals who are employed by the component parts of the
state Executive Branch and who are covered by the Virginia
Personnel Act, Va. Code § 2.2-2900 et seq.
"Fair market" value means the price that a good or service
would bring between a willing seller and a willing buyer in
the open market after negotiations. If the fair market value
cannot be determined, the actual price paid for the good or
service shall be given consideration.
"Gift" means anything of value to the extent that a
consideration of equal or greater value is not received by the
donor.
"Gift" does not mean:
1. Printed informational or promotional material;
2. A gift that is not used and, no later than sixty (60) days
after receipt, is returned to the donor or delivered to a
charitable organization or to a state governmental or
advisory agency and is not claimed as a charitable
contribution for federal income tax purposes;
3. A gift, devise, or inheritance from an officer's or
employee's spouse, child, nephew, niece, aunt, uncle, first
cousin, or the officer's or employee's or his or her spouse's
parent, grandparent, grandchild, brother, sister, the spouse
of any individual covered by this subdivision, or an
individual to whom the officer or employee is engaged to
be married; provided the donor is not acting as the agent or
intermediary for someone other than an individual covered
by this subdivision;
4. Anything of value provided by an individual on the basis
of a personal friendship unless the officer or employee has
reason to believe that, under the circumstances, the gift was
provided because of the official position of the officer or
employee and not because of the personal friendship. In
determining whether a gift is provided on the basis of
personal friendship, the circumstances under which the gift
was given shall be considered, including: (1) the history of
the relationship of the individual receiving the gift with the
individual giving the gift, including any previous exchange
between them; (2) whether the individual receiving the gift
Governor
Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014
1607
knew that the individual giving the gift personally paid for
the gift or sought a tax deduction or business
reimbursement for the gift; and (3) whether the individual
receiving the gift knew that the individual giving the gift
also gave the same or similar gifts to other officers or
employees;
5. Anything of value provided to an officer or employee, or
an immediate family member of an officer or employee, by
an individual on the basis of a private business relationship
between them that is unrelated to the official duties and
responsibilities of the officer or employee, unless the
officer or employee has reason to believe that, under the
circumstances, the thing of value was provided by the
individual to the officer or employee or the immediate
family member because of the official position of the
officer or employee and not because of the private business
relationship;
6. Any offer of a ticket or other admission or pass unless
the ticket, admission, or pass is used or unless it is a ticket,
admission or pass to an event held by a team or
organization that is an official team or organization of a
public or private institution of higher education or
elementary or secondary school located in the
Commonwealth or held by another governmental or
advisory agency, or by a local government or component
part of a local government, or by a school board;
7. Honorary degrees;
8. Payment or reimbursement of reasonable legitimate
travel and related expenses incurred by an officer or
employee in order to engage in an activity that serves a
legitimate public purpose;
9. Attendance by an officer or employee at a widely
attended event that is attended by at least twenty (20) non-
officers or employees, is open to the public or to a wide
range of individuals, and where (i) such attendance serves a
legitimate public purpose, or (ii) the officer or employee
attends by virtue of being the spouse of an invited public
official who attends without charge;
10. Attendance by an officer or employee at a political or
inaugural event where the officer or employee is invited to
attend by the elected official, the candidate, or their
authorized representative;
11. Financial aid awarded by an educational institution or
training institution or program, provided that the financial
aid is awarded pursuant to the institution's or program's
normal financial aid standards and procedures;
12. Something of value given to an officer or employee by
a governmental or advisory agency related to the officer's
or employee's service as a public officer or employee or
upon his or her retirement;
13. A prize in a competition that was widely available, or
an award from a charitable, religious, civic, or educational
group; or
14. A gift with a value of $25 or less.
"Governmental agency" means each component part of the
state Executive Branch, including each office, department,
authority, post, commission, committee, and each institution
or board created by law to exercise some regulatory or
sovereign power or duty as distinguished from purely
advisory powers or duties.
"Immediate family" means (i) a spouse, regardless of whether
he or she resides in the same household as the officer or
employee, (ii) any individual residing in the same household
as the officer or employee, who is a dependent of the officer
or employee or of whom the officer or employee is a
dependent, (iii) any individual who has a child in common
with the officer or employee, whether or not the officer or
employee and that individual have been married or have
resided together at any time, as long as there is a legally
enforceable financial relationship between them, or (iv) any
individual who cohabits or who, within the previous 12
months, cohabited with the officer or employee, and any
children of either of them then residing in the same household
as the officer or employee. With regard to the receipt of gifts,
"immediate family" also shall mean an officer's or employee's
child, grandchild, parent, grandparent, brother, sister, or
brother's or sister's spouse or children, if such individual
knew or should have known that the gift was given because
of the officer's or employee's position as an officer or
employee.
"Legitimate travel and related expenses" include reasonable
expenses incurred by the officer or employee in order to
engage in an activity that serves a legitimate public purpose,
including, but not limited to, air, train, bus, and taxi fare,
rental car charges, the cost of meals and lodging, and
expenses related to attendance at an event that has a
legitimate public purpose, including, but not limited to, costs
of registration, admission, tickets, food, refreshments,
instruction, and materials.
"Legitimate public purpose" means an activity that is
intended to promote the interests of the Commonwealth, a
political subdivision of the Commonwealth, an advisory or
governmental agency of the Commonwealth, or a component
part of a political subdivision of the Commonwealth,
including, but not limited to, activities that promote tourism,
economic development, charitable, public health,
environmental, or educational goals; attendance at training
and educational events and conferences designed to improve
the efficiencies and effectiveness of public service, or to
enhance the knowledge and skills of public officers or
employees, or both, relative to their official duties; and any
purpose defined as a legitimate public purpose by the
Commonwealth, the Governor, the governing body of a
Governor
Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014
1608
political subdivision of the Commonwealth, an advisory or
governmental agency, or the Commission established by Part
V of this Order.
"Officer" means the Governor, his Cabinet, Deputy
Secretaries, and any individual appointed or elected to any
governmental or advisory agency who serves at the pleasure
of the Governor or whose position may be affected "for
cause," whether or not he or she receives compensation or
other emolument of office.
"State Executive Branch" means every component part of the
government of the Commonwealth of Virginia except any
component part of the state Legislative or Judicial Branches,
the Office of the Lieutenant Governor, the Office of the
Attorney General, the State Corporation Commission, the
Virginia Workers' Compensation Commission, the State
Lottery Department, local governments and their component
parts, and the offices of constitutional officers.
"Value" means the actual cost or fair market value of an item
or items, whichever is greater. If the fair market value cannot
be determined, the actual amount paid for the item or items
shall be given consideration. For food and beverages, "value"
includes a proportional amount of any tip, a portion of which
was for the food item or beverage.
Part III – Personnel Directive – Prohibited Conduct
No officer or employee of the state Executive Branch or an
immediate family member of such officer or employee shall
(i) solicit anything of value, or (ii) accept, directly or
indirectly, any gift from any lobbyist or from any principal or
employee or agent of a principal, as the terms "lobbyist" and
"principal" are defined in § 2.2-419 of the Commonwealth's
lobbying laws, § 2.2-418 et seq. of the Code of Virginia, or
(iii) accept directly or indirectly, any gift valued at over $100,
from any one source, singularly or in the aggregate over the
course of any given calendar year. An officer or employee
may receive or may be reimbursed for any legitimate travel
and related expenses incurred while engaging in an activity
that serves a legitimate public purpose. The receipt of
anything of value with a value of $25 or less does not count
toward the $100 cumulative total set forth in this paragraph.
An officer or employee or an immediate family member of
such officer or employee is not prohibited from accepting an
unsolicited gift that is valued at less than $100, from one
source, singularly or in the aggregate over the course of any
given calendar year, unless a reasonable person, having
knowledge of the relevant circumstances, would conclude
that the officer or employee may unduly favor the source or
be influenced by the source when performing the officer's or
employee's official duties.
Part IV– Department of Human Resources Management
The Department of Human Resource Management is
designated and directed to work with the Executive Branch
Ethics Commission established by Part V of this Executive
Order to implement this Order and, specifically, is authorized
and directed:
(a) In cooperation and collaboration with the Executive
Branch Ethics Commission, to develop and issue
appropriate personnel guidelines implementing Part III of
this Order, including, but not limited to, (i) any applicable
discipline for a violation of Part III of this Executive Order
and (ii) the procedures available to any officer or employee
alleged to have violated Part III of this Order; and
(b) To recommend to the Governor, at least annually, such
revisions to this Executive Order as may appear necessary
to ensure the maintenance of high ethical standards within
the state Executive Branch.
Part V – Executive Branch Ethics Commission
The Executive Branch Ethics Commission (the
"Commission") is hereby established and shall be comprised
of three (3) members who shall be appointed by the
Governor. Members of the Commission shall serve without
compensation, but shall receive reimbursement for reasonable
expenses incurred in the discharge of their official duties.
The Commission shall be responsible for overseeing the
execution of this Order.
The Commission shall:
(a) Upon request from an officer or employee, provide a
written opinion as to whether engagement in an activity, or
receipt of a gift or other thing of value violates the
provisions of this Executive Order, and whether payment or
reimbursement for expenses related to that activity, gift, or
other thing of value would constitute legitimate travel and
related expenses. Any officer or employee who is informed
by the Commission that engagement in the activity or
receipt of the gift or other thing of value would not violate
this Order, and who in good faith relies on an interpretation
by the Commission issued before the activity is undertaken
or the gift or other thing of value is received and upon the
full disclosure to the Commission by the officer or
employee of all the relevant facts, shall not be subject to
discipline under Part VI of this Order.
(b) Enforce this Order as specified in paragraph (c) of Part
VI of this Order.
(c) Recommend to the Governor, at least annually, such
revisions to this Executive Order as may appear necessary
to ensure the maintenance of high ethical standards within
the state Executive Branch.
The Commission may employ a professional staff of up to
two (2) individuals to assist the Commission in the exercise
of its duties and responsibilities specified in this Order. The
necessary staff shall be furnished by the Office of the
Governor, the Virginia Department of Human Resources
Governor
Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014
1609
Management, and such other agencies and offices as are
designated by the Governor. An estimated 2000 hours of staff
time per year will be required to support the Commission's
work
The Commission shall remain assembled for one full calendar
year following the signing of this Executive Order, unless
reauthorized by further Executive Order.
Part VI – Enforcement
(a) The head of each advisory or governmental agency of
the state Executive Branch (the "agency head") shall
enforce this Executive Order, receive any complaint that an
officer or employee of his or her agency has violated this
Executive Order, investigate such a complaint, and
determine the need for and impose the appropriate
discipline, using the normal, then-existing personnel
policies, rules, and procedures of the officer's or employee's
advisory or governmental agency, including the Virginia
Personnel Act, Va. Code § 2.2-2900 et seq., where the
officer or employee is covered by that Act. If the officer or
employee is not covered by the Virginia Personnel Act, the
agency head shall use whatever normal, then-existing
personnel policies, rules, and procedures that the agency
normally uses for officers and employees who are not
covered by the Virginia Personnel Act. Disciplinary action
may include any action up to and including suspension or
termination.
(b) With regard to an alleged violation by a Deputy
Secretary, member of a Secretary's staff, or the head of an
advisory or governmental agency of the state Executive
Branch within a particular Secretariat, the Secretary shall
be the "agency head" for purposes of the enforcement
process set forth in paragraph (a) above.
(c) With regard to an alleged violation of this Order by the
Governor or a member of the Governor's Cabinet, the
Commission shall receive and investigate the complaint,
and shall determine whether a violation occurred. The
results along with a recommendation for appropriate
discipline shall be forwarded to the Governor or his
designee.
(d) Each agency head who determines whether or not a
violation of this Executive Order by an officer or employee
in his or her agency has occurred shall, within thirty (30)
days of making that determination, report the facts on
which that determination was made, and the discipline, if
any, that was imposed, to the Governor's Cabinet Secretary
under whose Secretariat that advisory or governmental
agency falls. The Secretary shall forward such report, or a
report prepared by him or her pursuant to paragraph (b)
above, to the Commission within ten (10) days of receipt or
completion. The Commission shall report to the Governor,
on a quarterly basis, the results of all investigations of
officers and employees conducted pursuant to this
Executive Order.
Part VII – General
The funding to support this Executive Order shall be provided
from the budget of the Office of the Governor and of such
other state agencies as are designated by the Governor. The
estimated direct costs for this Commission are $100,000.
Effective Date of the Executive Order
This Executive Order shall be effective upon signing and
shall remain in full force and effect for one full calendar year
following its signing, unless amended or rescinded, or
reauthorized, by further Executive Order.
Given under my hand and under the Seal of the
Commonwealth of Virginia on this 11th day of January,
2014.
/s/ Terence R. McAuliffe
Governor
EXECUTIVE ORDER NUMBER 3 (2014)
Authority and Responsibility of the Chief of Staff
Importance of the Initiative
By virtue of the authority vested in me as Governor under
Article V, Sections 1, 7, 8, and 10 of the Constitution of
Virginia and Sections 2.2-100 and 2.2-104 of the Code of
Virginia, and subject always to my continuing ultimate
authority and responsibility to act in such matters and to
reserve to myself any and all such powers, I hereby affirm
and delegate to my Chief of Staff the powers and duties
enumerated below.
1. To direct, as the deputy planning and budget officer, the
administration of the state government planning and budget
process, except as to the responsibilities enumerated below,
which are retained by me:
○ Submission of the budget and accompanying
documents to the General Assembly;
○ Final review and determination of all proposed
expenditures and of estimated revenues and
borrowings to be included in the Executive Budget
for each state department, division, office, board,
commission, institution, or other agency or
undertaking;
○ Amendment of Position Levels;
○ Authorization of deficits.
2. To direct, as the deputy personnel officer, the
administration of the state government personnel system,
except as to the responsibility enumerated below, which are
retained by me:
Governor
Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014
1610
○ Final determination with respect to employee
compensation plans;
○ Submission of reports to the General Assembly by
the Governor as required by law;
○ Issuance, amendment, or suspension of the Rules
for the Administration of the Virginia Personnel Act;
○ Final action on appeals from appointing authorities
to the Governor.
3. To review, in the event of my absence or unavailability,
major planning, budgetary, personnel, policy, and
legislative matters that require my decision.
4. To review, in the event of my absence or unavailability,
policy or operational differences that may arise among or
between my Secretaries and other Cabinet members.
5. To administer the direction and supervision of the
Governor's Office, as well as budgetary and personnel
authority for the Office.
Effective Date of the Executive Order
This Executive Order rescinds Executive Order No. 3 (2010)
issued on January 29, 2010, by Governor Robert F.
McDonnell. This Executive Order shall become effective
upon its signing and shall remain in full force and effect until
January 31, 2018, unless amended or rescinded by further
executive order.
Given under my hand and under the Seal of the
Commonwealth of Virginia this 11th day of January 2014.
/s/ Terence R. McAuliffe
Governor
EXECUTIVE ORDER NUMBER 4 (2014)
Delegation of Governor's Authority to Declare a State of Emergency, to Call the Virginia National
Guard to Active Service for Emergencies or Disasters, and to Declare the Governor Unable to
Discharge the Powers and Duties of His Office When the Governor Cannot Be Reached or Is
Incapacitated
Importance of the Initiative
By virtue of the authority vested in me by Section 2.2-104 of
the Code of Virginia, and subject to the provisions stated
herein, I hereby affirm and delegate to the Chief of Staff,
followed in protocol order by the Secretary of Public Safety,
the State Coordinator of the Virginia Department of
Emergency Management, and the Secretary of Veterans
Affairs and Homeland Security, my authorities under
Sections 44-146.17 and 44-75.1 of the Code of Virginia, to
declare a state of emergency and to call forth the Virginia
National Guard or any part thereof to state active duty in any
of the circumstances outlined in subsections 4 and 5 of
Section 44-75.1.A.
I further hereby affirm and delegate to the Chief of Staff, my
authority under Article V Section 16 of the Constitution and
under Section 24.2-211 of the Code of Virginia to transmit to
the President pro tempore of the Senate and the Speaker of
the House of Delegates, a declaration that I am unable to
discharge the powers and duties of the Governor's office.
Each of these declarations is subject to the following
conditions:
1. Such delegation is subject always to my continuing,
ultimate authority and responsibility to act in such matters,
and in the case of a declaration that I am unable to
discharge the powers and duties of my office, my ability to
transmit to the Clerk of the Senate and Clerk of the House
of Delegates, my written declaration that no inability
continues to exist and to resume the powers and duties of
my office.
2. Use of this delegation is contingent upon my being
unable to be reached so as to give my approval for the
declaration of a state of emergency, as defined in Section
44-146.16 of the Code of Virginia, or use of the Virginia
National Guard.
3. Use of this delegation to declare that I am unable to
discharge the powers and duties of my office is specifically
contingent upon my being unable to be reached or
otherwise incapacitated for over 24 hours and the
unavailability of any one of the Attorney General, President
pro tempore of the Senate, or the Speaker of the House of
Delegates.
4. This delegation is strictly standby in nature, to be held in
abeyance until such time as there may be explicit
circumstances involving an emergency whereby human
lives and public and private property are threatened in the
event of natural or man-made emergencies or disasters.
5. If the authority granted under this order is used, the
Lieutenant Governor and I shall be informed of such use as
soon as practicable.
Effective Date of the Executive Order
This Executive Order rescinds Executive Order No. 4 (2010)
issued on January 29, 2010, by Governor Robert F.
McDonnell. This Executive Order shall become effective
upon its signing and shall remain in full force and effect until
January 31, 2018, unless amended or rescinded by further
executive order.
Given under my hand and under the Seal of the
Commonwealth of Virginia this 11th day of January 2014.
/s/ Terence R. McAuliffe
Governor
GENERAL NOTICES/ERRATA
Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014
1611
GENERAL NOTICES/ERRATA
AIR POLLUTION CONTROL BOARD
Air Quality Monitoring Data - Proposed Exceptional Events Demonstration
Notice of action: The Department of Environmental Quality
(DEQ) is announcing an opportunity for public review and
comment on a proposed exceptional events demonstration
showing that certain air quality monitoring data gathered
during August of 2011 were affected by exceptional events.
Therefore, this data should not be used to make
determinations regarding National Ambient Air Quality
Standards. The exceptional event was the wildfire in the
Great Dismal Swamp in Suffolk, Virginia. This exceptional
event impacted fine particulate matter monitoring data in the
Hampton Roads area.
Purpose of notice: DEQ is seeking comments on the overall
demonstration.
Public comment period: January 6, 2014, to February 14,
2014.
Description of proposal: The proposed demonstration
provides meteorological information, photographs, and other
evidence of air pollution generated by the wildfires. The
proposed demonstration also provides evidence of the air
pollution impacts on fine particulate matter monitors at
various times in August of 2011 in Hampton Roads, Virginia.
Federal information: This notice is being given to satisfy the
public participation requirements of federal regulations
(40 CFR 50.14).
How to comment: DEQ accepts written comments by email,
facsimile transmission, and postal mail. In order to be
considered, written comments must include the full name,
address, and telephone number of the person commenting and
be received by DEQ no later than the last day of the comment
period (February 14, 2014).
To review the proposal: Please note, the information will not
be available until the start of the comment period (January 6,
2014). The proposal and any supporting documents are
available on the DEQ Air Monitoring Division website:
http://www.deq.virginia.gov/airmon/. The public may review
the documents between 8:30 a.m. and 4:30 p.m. of each
business day until the close of the public comment period at
the following locations:
1) Main Street Office, 8th Floor, 629 East Main Street,
Richmond, VA, telephone (804) 698-4070;
2) Piedmont Regional Office, 4949-A Cox Road, Glen
Allen, VA, telephone (804) 527-5020; or,
3) Tidewater Regional Office, 5636 Southern Boulevard,
Virginia Beach, VA, telephone (757) 518-2000.
The document may also be obtained by contacting the DEQ
representative named below.
Contact Information: Doris McLeod, Department of
Environmental Quality, 629 East Main Street, P.O. Box 1105,
Richmond, VA 23218, telephone (804) 698-4197, FAX (804)
698-4510, or email [email protected].
State Implementation Plan Revision - General Definitions
Notice of action: The Department of Environmental Quality
(DEQ) is announcing an opportunity for public comment on a
proposed revision to the Commonwealth of Virginia State
Implementation Plan (SIP). The SIP is a plan developed by
the Commonwealth in order to fulfill its responsibilities under
the federal Clean Air Act to attain and maintain the ambient
air quality standards promulgated by the U.S. Environmental
Protection Agency (EPA) under the Act. The Commonwealth
intends to submit the regulation to EPA as a revision to the
SIP in accordance with the requirements of § 110(a) of the
federal Clean Air Act.
Regulations affected: The regulation of the board affected by
this action is 9VAC5-10, General Definitions (Revision G12).
Purpose of notice: DEQ is seeking comments on the issue of
whether the regulation amendments should be submitted as
revisions to the plan.
Public comment period: January 27, 2014, to February 26,
2014.
Public hearing: A public hearing may be conducted if a
request is made in writing to the contact listed below. In order
to be considered, the request must include the full name,
address, and telephone number of the person requesting the
hearing and be received by DEQ on the last day of the
comment period. Notice of the date, time, and location of any
requested public hearing will be announced in a separate
notice, and another 30-day comment period will be
conducted.
Public comment stage: Because the regulation amendments
have been adopted by the board in accordance with the
Administrative Process Act and have subsequently become
effective, DEQ is accepting comment only on the issue cited
above under "purpose of notice" and not on the content of the
regulation amendments.
Description of proposal: The proposed revision consists of
adding trans-1,3,3,3-tetrafluoropropene (HFO-1234ze) to the
list of substances not considered to be volatile organic
compounds (VOCs) in accordance with EPA's June 22, 2012,
(77 FR 37610) revision.
Federal information: This notice is being given to satisfy the
public participation requirements of federal regulations
(40 CFR 51.102). The proposal will be submitted as a
revision to the Commonwealth of Virginia SIP under § 110(a)
of the federal Clean Air Act in accordance with 40 CFR
General Notices/Errata
Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014
1612
51.104. It is planned to submit all provisions of the proposal
as a revision to the Commonwealth of Virginia SIP.
How to comment: DEQ accepts written comments by email,
fax, and postal mail. In order to be considered, comments
must include the full name, address, and telephone number of
the person commenting and be received by DEQ by the last
day of the comment period. All materials received are part of
the public record.
To review proposal: The proposal and any supporting
documents are available on the DEQ Air Public Notices for
Plans website:
http://www.deq.state.va.us/Programs/Air/PublicNotices/airpla
nsandprograms.aspx. The documents may also be obtained by
contacting the DEQ representative named below. The public
may review the documents between 8:30 a.m. and 4:30 p.m.
of each business day until the close of the public comment
period at the following DEQ locations:
1) DEQ Main Street Office, 8th Floor, 629 East Main
Street, Richmond, VA, telephone (804) 698-4070;
2) Southwest Regional Office, 355 Deadmore Street,
Abingdon, VA, telephone (540) 676-4800;
3) Blue Ridge Regional Office, Roanoke Location, 3019
Peters Creek Road, Roanoke, VA, telephone (540) 562-
6700;
4) Blue Ridge Regional Office, Lynchburg Location, 7705
Timberlake Road, Lynchburg, VA, telephone (434) 582-
5120;
5) Valley Regional Office, 4411 Early Road, Harrisonburg,
VA, telephone (540) 574-7800;
6) Piedmont Regional Office, 4949-A Cox Road, Glen
Allen, VA, telephone (804) 527-5020;
7) Northern Regional Office, 13901 Crown Court,
Woodbridge, VA, telephone (703) 583-3800; and
8) Tidewater Regional Office, 5636 Southern Boulevard,
Virginia Beach, VA, telephone (757) 518-2000.
Contact Information: Karen G. Sabasteanski, Department of
Environmental Quality, 629 East Main Street, P.O. Box 1105,
Richmond, VA 23218, telephone (804) 698-4390, FAX (804)
698-4510, or email [email protected].
State Implementation Plan Revision - Reasonably Available Control Technology Determination
Notice of action: The Department of Environmental Quality
(DEQ) is announcing an opportunity for public comment on a
proposed plan regarding air pollution emitted by a facility in
Henrico County, Virginia. The Commonwealth intends to
submit the plan as a revision to the Commonwealth of
Virginia State Implementation Plan (SIP) in accordance with
the requirements of § 110(a) of the federal Clean Air Act. The
SIP is the plan developed by the Commonwealth in order to
fulfill its responsibilities under the Act to attain and maintain
the ambient air quality standards promulgated by the U.S.
Environmental Protection Agency (EPA) under the Act.
Purpose of notice: DEQ is seeking comments and announcing
a public hearing on a proposed permit to limit air pollution
emitted by a facility in Henrico County, Virginia.
Public comment period: January 8, 2014, to February 10,
2014.
Public hearing: Conference Room, Department of
Environmental Quality, Piedmont Regional Office, 4949-A
Cox Road, Glen Allen VA, at 9 a.m. on February 4, 2014. A
question and answer period will be held one half hour prior to
the beginning of the public hearing.
Permit name: State Operating Permit issued by DEQ, under
the authority of the State Air Pollution Control Board.
Name, address, and registration number: Mondelez Global
LLC, Inc. (formerly Kraft Foods Global, Inc., Richmond
Bakery), 6002 South Laburnum Avenue, Richmond, VA
23231, Registration No. 50703.
Description of proposal: The proposed revision consists of a
determination of reasonably available control technology
(RACT) for the control of emissions of volatile organic
compounds (VOCs) to the atmosphere from the Mondelez
Global bakery located in the Henrico County, Virginia
portion of the Richmond Ozone Maintenance Area. The
RACT determination is being made pursuant to 9VAC5-40-
7370 of the Virginia Administrative Code. A state operating
permit is being issued as an administrative mechanism to
enforce the RACT determination. The permit is being issued
pursuant to Article 5 (9VAC5-80-800 et seq.) of 9VAC5-80
(Permit for Stationary Sources) of the Virginia
Administrative Code and is federally enforceable upon
issuance.
A permit was issued to the facility by DEQ on September 19,
2007, which contained the RACT for the control of VOC
emissions and specified certain operating conditions for the
facility's Oven #1 and catalytic oxidizer. In a subsequent
action, the facility requested changes to the permit, including
changes needed to accommodate replacement of the catalytic
oxidizer with a more efficient regenerative thermal oxidizer.
This change in the type of control device did not affect VOC
emissions. The revised permit was issued on December 11,
2012, and submitted to EPA as a SIP revision on December
13, 2012. Since then, the permit has been updated to make it
more streamlined by removing certain conditions (throughput
and emission limits) and regulatory references (to
malfunctions) that are not necessary to achieve the RACT
requirements. These changes are in the interest of providing
clarity and will not result in any change in operations or
emissions increase.
General Notices/Errata
Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014
1613
Federal information: This notice is being given to satisfy the
public participation requirements of federal regulations (40
CFR 51.102). The proposal will be submitted as a revision to
the Commonwealth of Virginia SIP under § 110(a) of the
federal Clean Air Act in accordance with 40 CFR 51.104.
How to comment: DEQ accepts written comments by email,
fax, and postal mail. In order to be considered, written
comments must include the full name, address, and telephone
number of the person commenting and be received by DEQ
by the last day of the comment period. Both oral and written
comments are accepted at the public hearing. DEQ prefers
that comments be provided in writing, along with any
supporting documents or exhibits. All information received is
part of the public record.
To review proposal: The proposal and any supporting
documents are available on the DEQ Air Public Notices for
Plans website: http://www.deq.state.va.us/Programs/Air/
PublicNotices/airplansandprograms.aspx. The documents
may also be obtained by contacting the DEQ representative
named below. The public may review the documents between
8:30 a.m. and 4:30 p.m. of each business day until the close
of the public comment period at the following DEQ locations:
1) Main Street Office, 8th Floor, 629 East Main Street,
Richmond, VA, telephone (804) 698-4070, and
2) Piedmont Regional Office, 4949-A Cox Road, Glen
Allen, VA, telephone (804) 527-5020.
Contact Information: Jennifer Hoeffner, Department of
Environmental Quality, Piedmont Regional Office, 4949-A
Cox Road, Glen Allen, VA 23060, telephone (804) 527-5123,
FAX (804) 527-5106, or email
STATE WATER CONTROL BOARD
Proposed Enforcement Action for Naser #2 of Brookneal, LLC, d.b.a. Naruna Minit Mart
An enforcement action has been proposed for Naser #2 of
Brookneal, LLC, d.b.a. Naruna Minit Mart (Naser #2),
regarding the Naser #2's underground petroleum storage tanks
in Brookneal, Virginia, for violations of State Water Control
Law and regulations. The proposed enforcement action
includes a civil charge and a schedule of compliance. A
description of the proposed action is available at the
Department of Environmental Quality office named below or
online at www.deq.virginia.gov. Robert Steele will accept
comments by email at [email protected], FAX
at (540) 562-6725, or postal mail at Department of
Environmental Quality, Roanoke Regional Office, 3019
Peters Creek Road, Roanoke, VA 24019, from January 27,
2014, to February 27, 2014.
Proposed Enforcement Action for River Ridge Association, Inc.
An enforcement action has been proposed for the River Ridge
Association, Inc. (RRA) regarding the RRA's wastewater
treatment plant in Bracey, Virginia, for violations of State
Water Control Law and the applicable permit and regulations.
The proposed enforcement action includes a civil charge. A
description of the proposed action is available at the
Department of Environmental Quality office named below or
online at www.deq.virginia.gov. Robert Steele will accept
comments by email at [email protected], FAX
at (540) 562-6725, or postal mail at Department of
Environmental Quality, Roanoke Regional Office, 3019
Peters Creek Road, Roanoke, VA 24019, from January 27,
2014, to February 27, 2014.
Proposed Enforcement Action for Mr. Itemaad Salem, d.b.a. Salem and Sons No. 9
An enforcement action has been proposed for Mr. Itemaad
Salem, d.b.a. Salem and Sons No. 9, regarding Mr. Salem's
underground petroleum storage tanks at the convenience store
on Campbell Avenue in Lynchburg, Virginia, for violations
of State Water Control Law and regulations. The proposed
enforcement action includes a civil charge. A description of
the proposed action is available at the Department of
Environmental Quality office named below or online at
www.deq.virginia.gov. Robert Steele will accept comments
by email at [email protected], FAX at (540)
562-6725, or postal mail at Department of Environmental
Quality, Roanoke Regional Office, 3019 Peters Creek Road,
Roanoke, VA 24019, from January 27, 2014, to February 27,
2014.
Proposed Enforcement Action for United States Army and BAE Systems Ordinance Systems, Inc.
An enforcement action has been proposed for the United
States Army and BAE Systems Ordinance Systems, Inc. for
violations of State Water Control Law and the applicable
permit and regulations related to releases at the Radford
Army Ammunition Plant. The proposed enforcement action
includes a civil charge. A description of the proposed action
is available at the Department of Environmental Quality
office named below or online at www.deq.virginia.gov.
Robert Steele will accept comments by email at
[email protected], FAX at (540) 562-6725, or
postal mail at Department of Environmental Quality,
Roanoke Regional Office, 3019 Peters Creek Road, Roanoke,
VA 24019, from January 27, 2014, to February 26, 2014.
Proposed Consent Special Order for Watermark Partners, LLC
An enforcement action has been proposed for Watermark
Partners, LLC for alleged violations at Watermark
Subdivision, Chesterfield County, VA. The State Water
Control Board proposes to issue a consent special order to
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Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014
1614
Watermark Partners, LLC to address noncompliance with
State Water Control Law. A description of the proposed
action is available at the Department of Environmental
Quality office named below or online at
www.deq.virginia.gov. Gina Pisoni will accept comments by
email at [email protected], FAX at (804) 527-
5106, or postal mail at Department of Environmental Quality,
Piedmont Regional Office, 4949-A Cox Road, Glen Allen,
VA 23060, from January 27, 2014, to February 28, 2014.
Release of the Final 2012 305(b)/303(d) Water Quality Assessment Integrated Report
The Virginia Department of Environmental Quality (DEQ)
will release the Final 2012 305(b)/303(d) Water Quality
Assessment Integrated Report on January 27, 2014.
The Integrated Report combines both the § 305(b) Water
Quality Assessment and the § 303(d) Report on Impaired
Waters. The draft report was available for public comment
March 26, 2012, through April 27, 2012. Comments were
received from the public and the United States Environmental
Protection Agency (EPA). The report was slightly revised to
address these comments and resubmitted to EPA on
September 12, 2012. EPA approved the final report on
December 12, 2013.
The final report, public comment response document, and
map images are available for download on the website:
http://www.deq.virginia.gov/Programs/Water/WaterQualityIn
formationTMDLs/WaterQualityAssessments/2012305b303d
IntegratedReport.aspx.
Copies are available at no charge on CD-ROM (limit one per
person) by request via the website or via phone at (804) 698-
4191. These CD-ROMs include the entire final report, all of
its appendices, and a digital book of maps developed from the
2012 assessment. Due to the cost of printing, hard copies are
only available by special request.
Questions regarding the report can be directed to the agency
contact listed below.
Contact Information: Arthur Butt, Ph.D., Department of
Environmental Quality, Office of Water Monitoring and
Assessment, P.O. Box 1105, Richmond, VA 23218,
telephone (804) 698-4314, or email
Small Business Impact Review - Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the State
Water Control Board has conducted a small business impact
review of 9VAC25-101, Tank Vessel Oil Discharge
Contingency Plan and Financial Responsibility
Regulation, and determined that this regulation should be
retained in its current form. The State Water Control Board is
publishing its report of findings dated January 8, 2014, to
support this decision in accordance with § 2.2-4007.1 G of
the Code of Virginia.
The primary goal of this regulation is to protect the
environment from discharges of oil from tank vessels by
establishing procedures and requirements for operators to
respond to the threat of an oil discharge and to contain, clean
up, and mitigate a discharge within the shortest feasible time,
as well as demonstrate adequate financial responsibility to
cover the costs of clean up and the liabilities for damages
specified in the law.
The federal Oil Pollution Act of 1990 contains many of the
same requirements as this regulation. State statute and
regulation recognizes that an operator's compliance with the
requirements of the Oil Pollution Act of 1990 complies with
Virginia's statutory and regulatory requirements. This
minimizes the impact that these regulations have on the
regulated community, and allows for the regulated
community to comply with federal requirements as they
operate through multiple jurisdictions.
Any changes the board would propose to the regulations to
lessen the burden on small businesses would not be realized
by small businesses since they would still be required by
federal law to meet existing federal requirements.
Contact Information: Melissa Porterfield, Office of
Regulatory Affairs, Department of Environmental Quality,
P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-
4238, FAX (804) 698-4346, or email
Small Business Impact Review - Report of Findings
Pursuant to § 2.2-4007.1 of the Code of Virginia, the State
Water Control Board has conducted a small business impact
review of 9VAC25-590, Petroleum Underground Storage
Tank Financial Responsibility Requirements, and
determined that this regulation should be retained in its
current form. The State Water Control Board is publishing its
report of findings dated January 10, 2014, to support this
decision in accordance with § 2.2-4007.1 G of the Code of
Virginia.
The regulation provides financial responsibility requirements
and different types of financial mechanisms that may be used
to cover these responsibilities. Financial assurance needs to
be provided by owners/operators to ensure that
owners/operators will be able to clean up any releases of
petroleum that mat occur from underground storage tanks
(USTs).
Virginia's regulations are based on federal regulations;
however, state regulations provide more flexibility to
owners/operators. State regulations allow certificate of
deposits (CDs) to be used to provide financial assurance.
Federal regulations do not specifically allow CDs to be used
to demonstrate financial assurance; however, EPA granted
Virginia approval to include the CD as an option. Virginia
has established the Virginia Petroleum Storage Tank Fund
(Fund) that assists owners/operators with demonstrating
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Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014
1615
financial responsibility. Owners/operators use the Fund in
combination with another mechanism to demonstrate
financial responsibility. Without the use of the Fund, most
owners/operators would be required to demonstrate as much
as $1,000,000, which would be burdensome, especially on
small businesses. Allowing the Fund to be used to
demonstrate a portion of the owner's/operator's financial
assurance greatly reduces the regulatory burden on
owners/operators.
The regulations were last amended in October 2013 to include
CDs as an acceptable mechanism for providing financial
assurance. The addition of the option to use a CD as a
mechanism for providing financial assurance benefits
owners/operators by allowing them to utilize a mechanism
that a third party does not charge a fee to administer.
Previously, owners/operators using a letter of credit (LOC)
were assessed fees from third parties to maintain this
mechanism and were frequently required to have a CD with
the third party in order to receive the LOC. This change
revised the regulations to address changes that had occurred
in the banking industry.
Contact Information: Melissa Porterfield, Office of
Regulatory Affairs, P.O. Box 1105, Richmond, VA 23218,
telephone (804) 698-4238, FAX (804) 698-4346, or email
VIRGINIA CODE COMMISSION
Notice to State Agencies
Contact Information: Mailing Address: Virginia Code
Commission, General Assembly Building, 201 North 9th
Street, 2nd Floor, Richmond, VA 23219; Telephone: Voice
(804) 786-3591; FAX (804) 692-0625; Email:
Meeting Notices: Section 2.2-3707 C of the Code of Virginia
requires state agencies to post meeting notices on their
websites and on the Commonwealth Calendar at
http://www.virginia.gov/connect/commonwealth-calendar.
Cumulative Table of Virginia Administrative Code
Sections Adopted, Amended, or Repealed: A table listing
regulation sections that have been amended, added, or
repealed in the Virginia Register of Regulations since the
regulations were originally published or last supplemented in
the print version of the Virginia Administrative Code is
available at
http://register.dls.virginia.gov/documents/cumultab.pdf.
Filing Material for Publication in the Virginia Register of
Regulations: Agencies use the Regulation Information
System (RIS) to file regulations and related items for
publication in the Virginia Register of Regulations. The
Registrar's office works closely with the Department of
Planning and Budget (DPB) to coordinate the system with the
Virginia Regulatory Town Hall. RIS and Town Hall
complement and enhance one another by sharing pertinent
regulatory information.
ERRATA
STATE WATER CONTROL BOARD
Title of Regulation: 9VAC25-740. Water Reclamation and
Reuse Regulation
Publication: 30:9 VA.R. 1190-1225 December 30, 2013
Correction to Final Regulation:
Page 1200, 9VAC25-740-70 A, at the top of the page,
above the row labeled "1. Level 1" insert as the table
heading:
"Table 70-A
Treatment and Standards for Reclaimed Water"
Page 1200, 9VAC25-740-70 A, at the end of the table,
under the row labeled "f. Total Suspended Solids (TSS)"
insert the following footnotes:
"[ 1After disinfection.
2For the purpose of calculating the geometric mean,
bacterial analytical results below the detection level of
the analytical method used shall be reported as values
equal to the detection level.
3Applies only if chlorine is used for disinfection.
4TRC less than 1.0 mg/l may be authorized by the board
if demonstrated to provide comparable disinfection
through a chlorine reduction program in accordance with
the Sewage Collection and Treatment Regulations
(9VAC25-790).
5Applies only if CBOD5 is used in lieu of BOD5.
6Where ultraviolet radiation will be used for disinfection
of Level 1 reclaimed water, other turbidity standards may
apply in accordance with 9VAC25-740-110 A 2 a. ]"
Page 1208, 9VAC25-740-100 C 3, line 5, remove the quote
marks around "biological nutrient removal" and after that
phrase insert "(BNR)"
Page 1225, FORMS (9VAC25-740), second column, line 2,
after "Permit" insert "or a Virginia Pollution Abatement
Permit"
VA.R. Doc. No. R11-2622; Filed January 2, 2014, 11:38 a.m.
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